Category: 3-LawSometimeCommentary

We reflect on the death of Justice Souter and sort out some loose ends from the last episode. We then dig into the Court's only opinion from Thursday, Barnes v. Felix, which we previewed with friend of the show Orin Kerr back in February at Stanford. Along the way we make a short detour into generative AI and its potential for SCOTUS research. Most importantly, we react to the oral argument in Trump v. Casa, the shadow docket case that's about (or, isn't about?) President Trump's birthright citizenship executive order. 

OA1158 - We start off with some patron questions about what to do when ICE comes to your neighborhood, the one thing that the world’s most annoying white libertarians got right, and how to best exercise the very few rights US citizens have coming back into the country. Then in our main story: This week the Supreme Court heard arguments over birthright citizenship--or did it? Matt explains how they might do something even worse than expected while still striking down Trump’s attempt to end the  Constitutional right to citizenship for everyone born on US soil by executive order. 

Finally, we polish off today’s episode with a meaty footnote about the lies and tyranny of a very different kind of would-be monarch.

1. Oral arguments in Trump v. CASA (5/15/25)

2. Trump v. CASA docket 

3. Western District of PA federal judge Stephanie Haines’s ruling upholding the application of the Alien Enemies Act to members of Tren de Aragua

4. “Sense of the community” memo dated 4/7/25 finding that Tren de Aragua is not working with the Venezuelan government

5. Complaint in Coleman et al v. Burger King

 

With the passing of Justice David Souter, the legal establishment has lost one of its most honored members.  In this and our next episode, we pay tribute to the man and his work with the help of an amazing roster of his former clerks, friends, and colleagues.  We begin with Judge Kevin Newsom from the US Court of Appeals for the Eleventh Circuit, and the Dean of the Yale Law School, Heather Gerken, who share their experience working closely with the Justice on the Supreme Court, as well as his role in their lives that did and does inspire them.  Meanwhile, Akhil, who considered the Justice a good friend and role model, offers an in-depth look at various aspects of the Justice, including why a Justice who disagreed with Akhil on method and, in many cases, substance, nevertheless is regarded by him as one of the great Justices in American history.  In our next episode we will have more guests whom we will reveal in the discussion during this episode.  CLE credit is available for lawyers and judges from podcast.njsba.com.

After some Thomas-Lydia nonsense and updates, Heather gives us the answer to question 68, a fiendishly difficult real property one. Did you get the right answer? Then we get a new question 69!

If you'd like to play along with T3BE, here's what to do: hop on Bluesky, follow Openargs, find the post that has this episode, and quote it with your answer! Or, go to our Subreddit and look for the appropriate T3BE posting. Or best of all, become a patron at patreon.com/law and play there!

To support the show (and lose the ads!), please pledge at patreon.com/law!

Check out the OA Linktree for all the places to go and things to do!

This content is CAN credentialed, which means you can report instances of harassment, abuse, or other harm on their hotline at (617) 249-4255, or on their website at creatoraccountabilitynetwork.org.

OA1157 - Leah Litman is a co-host of Crooked Media’s Strict Scrutiny podcast and professor at University of Michigan Law School, and most recently the author of Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes. We are pleased to welcome Professor Litman to discuss everything from what it’s like to teach American Constitutional law 2025 to what the Supreme Court has in common with the Bluth family.

• Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes, Leah Litman (2025)

Check out the OA Linktree for all the places to go and things to do!

To support the show (and lose the ads!), please pledge at patreon.com/law!

This content is CAN credentialed, which means you can report instances of harassment, abuse, or other harm on their hotline at (617) 249-4255, or on their website at creatoraccountabilitynetwork.org.

Drop everything and read! This week, the hosts celebrate the release of Leah’s book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes. Just how did the vibes get so rancid? What is Sam Alito’s…whole deal? And where does Taylor Swift factor in? The answers to these questions (and more!) are in the book. Then, after a rundown of the latest news out of the courts and White House, Leah chats with Amanda Litman, author of the latest book from Crooked Reads, When We're in Charge: The Next Generation's Guide to Leadership.

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 

• 6/12 – NYC
• 10/4 – Chicago

Learn more: http://crooked.com/events

Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

Follow us on Instagram, Threads, and Bluesky

After Silicon Valley’s yeet to the right after Donald Trump was elected in 2016, and the DOGE-ification of the federal government (read: chaos and abuse as the driving ethos of HR), it felt like high time to delve into the evolving relationship between tech billionaires like Elon Musk and Peter Thiel and the U.S. government. Their influence has massive implications for core constitutional issues such as mass surveillance, privacy, and deregulation. Kara Swisher joins Dahlia Lithwick on this week’s Amicus to highlight the dangers of tech giants' encroachment on government oversight and the implications of AI and cryptocurrency. 

This week’s episode concludes with a heartfelt tribute to Justice David Souter who died on Thursday. Dahlia and former Souter Clerk Mary-Rose Papandrea reflect on the late Justice’s humility, judicial philosophy, and the profound loss felt by his former clerks and the legal community.

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.

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

For this Rapid Response Friday, we answer patron questions on everything from how to examine a  warrant to why Donald Trump will never be sending anyone to Alcatraz. We also consider just how bad the Supreme Court’s decision to uphold the administration’s ban on trans military service members actually is, how the single biggest financial corruption scandal in Presidential history is happening right now right in front of us, and why the forced departure of the acting DC U.S. Attorney is some of the best news this country has had since January 20, 2025. Also: a surreal Black Mirror-style  footnote about the first time a U.S. courtroom has ever heard a victim’s statement in a video made years after his death.

• Sample judicial warrant

• Sample ICE administrative warrant

• Trump’s Crypto Conflict of Interest, Democracy Defenders Fund (4/23/25)

• Supreme Court’s order in U.S. v. Shilling (5/8/25)

• Project 65’s bar complaint against Acting U.S. Attorney Ed Martin

• “The Ed Martin Show,” Jeanette Cooperman, St. Louis Magazine (4/26/2011)

Check out the OA Linktree for all the places to go and things to do!

To support the show (and lose the ads!), please pledge at patreon.com/law!

This content is CAN credentialed, which means you can report instances of harassment, abuse, or other harm on their hotline at (617) 249-4255, or on their website at creatoraccountabilitynetwork.org.

Is this the term when the Court says “see ya” to the Establishment Clause? Leah, Melissa and Kate consider that question in their recap of this week’s religious charter school case, Oklahoma Charter School Board v. Drummond. Also covered: Advocate Lisa Blatt’s run-in with Neil Gorsuch during oral arguments for a disability rights case, opinions concerning SSI benefits and the Department of Transportation, and the Trump administration’s absurd investigation into the Harvard Law Review.

Hosts’ favorite things:

• Kate: Sinners; Is It Happening Here? by Andrew Marantz (New Yorker)
• Leah: Girl on Girl How: Pop Culture Turned a Generation of Women Against Themselves, Sophie Gilbert; The Tide is Turning, Dahlia Lithwick (Slate); Trump & Bukele’s Concentration Camp, Andrea Pitzer (NY Mag); Just Security Litigation Tracker
• Melissa: The Secret History of Home Economics: How Trailblazing Women Harnessed the Power of Home and Changed the Way We Live, Danielle Dreilinger; The Pauli Murray Center for History and Social Justice

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 

• 6/12 – NYC
• 10/4 – Chicago

Learn more: http://crooked.com/events

Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

Follow us on Instagram, Threads, and Bluesky

Whether it’s attempting to overturn birthright citizenship, effectively stripping citizenship from American children, or claiming Alien Enemy Act war powers under an imaginary invasion, Trump’s anti-immigrant moves are outlandishly unconstitutional. They are also being met with significant pushback from judges, even conservative ones. On this week’s Amicus, Dahlia Lithwick is joined by Slate senior writer Mark Joseph Stern who explains the landmark ruling from a Trump-appointed judge in the southern district of Texas that declared the administration's use of the Alien Enemies Act is unlawful. Next, Amanda Frost, University of Virginia law professor and author of  You Are Not American: Citizenship Stripping from Dred Scott to the Dreamers, joins Dahlia to explain what Birthright Citizenship really means, and all the ways Trump is working to redefine what it means to be an American, including stripping citizenship from children and denaturalizing adults. 

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.

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