Category: 3-LawSometimeCommentary

The Supreme Court released its opinion in Haaland vs. Brackeen, a case that challenged the constitutionality of the Indian Child Welfare Act. In a surprising 7-2 vote, the Court upheld ICWA. Rebecca Nagle, host of This Land, joins Leah, Kate, and Melissa to unpack the opinion and what it means for indigenous families.

• Listen to two previous episodes with Rebecca Nagle: "Go Down Clutching the Constitution" from March 2022 when the case was granted, and "The Uncertain Future of the Indian Child Welfare Act" from November 2022, right after oral arguments.
• Listen to season two of This Land, which tells the backstory of Haaland vs. Brackeen
• Donate to Barry Jones' release fund and listen to the episode we did with Liliana Seguara on his case: "Innocence Isn't Enough"
• We’re going to be hosting Strict Scrutiny Office Hours! It’ll be a special video on YouTube in about a week where we’ll answer your questions about the SCOTUS decisions out so far, the big ones yet to drop, Trump’s indictment, who should win Drag Race All Stars 8. Send a voice memo to us with your question to strictscrutiny@crooked.com. Please keep them to 20 seconds or less, and if you’re okay with it, include your name. We need these by this Wednesday, June 21st.
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Liz and Andrew first discuss developments in the other Trump indictment -- remember that one in New York? After that, they break down the breakdown in Trump's legal team.

Happy Father's Day!

Notes  NY Penal Law 175.10 https://casetext.com/statute/consolidated-laws-of-new-york/chapter-penal/part-3-specific-offenses/title-k-offenses-involving-fraud/article-175-offenses-involving-false-written-statements/section-17510-falsifying-business-records-in-the-first-degree

GA Code 21-2-562 https://casetext.com/statute/code-of-georgia/title-21-elections/chapter-2-elections-and-primaries-generally/article-15-miscellaneous-offenses/section-21-2-562-fraudulent-entries-unlawful-alteration-or-destruction-of-entries-unlawful-removal-of-documents-neglect-or-refusal-to-deliver-documents

Bragg Motion to Remand https://storage.courtlistener.com/recap/gov.uscourts.nysd.598311/gov.uscourts.nysd.598311.19.0.pdf

Trump Lawyers Consider Revenge for Former Colleague https://www.thedailybeast.com/trump-lawyers-consider-revenge-for-former-colleague 

Seth Barrett Tillman, ‘Tillman on Plagiarism in the Trump Litigation Briefs,’ New Reform Club (June 16, 2023, 13:55 PM) https://reformclub.blogspot.com/2023/06/tillman-on-plagiarism-in-trump.html

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This episode is a part of Opinionpalooza. Slate’s coverage of Supreme Court decisions. We consider this coverage so essential that we’re taking down the paywall for all of it. If you would like to help us continue to cover the courts aggressively, please consider joining Slate Plus. And sign up for the pop-up newsletter to see the latest every week in your inbox.

Dahlia Lithwick is joined by environmental appellate lawyer Sean Donahue to discuss the far-reaching consequences of one of the biggest decisions so far this term. In Sackett v EPA,  the court decided that as many as 90 million acres of wetlands no longer qualify for environmental protection. Together, they trace the case’s history, its claims, and what tools are left for lawyers fighting to protect the environment.

In this week’s Amicus Plus segment, Dahlia is joined by Slate’s Mark Joseph Stern to answer listener questions, including how to counter dodgy originalism arguments, and whether there’s anything that could stop Donald Trump from running or even assuming office if he’s convicted of a crime

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It's a grab bag of stories, mostly Trump-adjacent. After some great news on judges, Liz explains that the House GOP is so desperate to smear President Biden they've made like Rudy Giuliani and leaked. Stick around for the end, when the duo breaks down exactly what can (and can't!) be done about Judge Aileen Cannon, FSW.

In the Patreon bonus, Liz and Andrew discuss a recent Judge Cannon order in some detail.

Notes Dep’t of Commerce v. New York, 139 S.Ct. 2551 (2019) https://scholar.google.com/scholar_case?case=2540889926931166997

Ho Letter https://fingfx.thomsonreuters.com/gfx/legaldocs/gdpzymywgvw/ho-letter-lawfirms.pdf

 Trump search warrant docket https://www.courtlistener.com/docket/64872441/united-states-v-sealed-search-warrant/

Trump Mar-a-Lago search warrant https://openargs.com/wp-content/uploads/Reinhart-Mar-a-Lago-less-redacted-affidavit.pdf

Sample Warrant https://evawintl.org/wp-content/uploads/18-Appendix-B-Search-Warrants.pdf

Comer Subpoena Wray https://oversight.house.gov/wp-content/uploads/2023/05/Grassley-Comer-letter.pdf 

28 U.S.C. § 455 - Recusal Statute https://www.law.cornell.edu/uscode/text/28/455

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-For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki

-And finally, remember that you can email us at openarguments@gmail.com

This episode is a part of Opinionpalooza. Slate’s coverage of Supreme Court decisions. Thank you to our Slate Plus members for making this episode available to all listeners. The full version of this episode is now exclusively available to our Slate Plus members. If you want to have access to bonus content like this, go to slate.com/amicusplus to become a member.

Dahlia Lithwick and Mark Joseph Stern join forces for this Opinionpalooza extra episode of Amicus where they discuss Haaland v Brackeen, a case that could have upended Indian Law, but didn’t. The case concerned the Indian Child Welfare Act, Justice Amy Coney Barrett’s majority opinion also reveals some tensions among the Supreme Court’s conservative justices. Together, Dahlia and Mark assess what another unexpected win can tell us about the shape of the current court. 

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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Liz and Andrew welcome back Mitchell Epner to the show to break down today's indictment of Donald Trump & Walt Nauta... and also figure out just how much mischief Judge Aileen Cannon can cause.

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All eyes are on Miami, where Donald Trump faces justice.  But should it be Miami?  Should it be this judge, who has such a checkered history in this case?  What does the Constitution say about these and other issues this case brings forth?  What about precedents?  It’s just the beginning, but we are ready to take on these and other issues.

Former President Trump pleaded not guilty to 37 counts in the case against him for allegedly mishandling classified documents. He was arraigned on Tuesday at the federal courthouse in Miami, and then he spoke to supporters from his golf club in New Jersey. In this bonus episode, Leah and Kate talk about what to expect for the timeline of the case, reenact part of the indictment by the Department of Justice and more.

Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events.

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

This episode is a part of Opinionpalooza. Slate’s coverage of Supreme Court decisions. Thank you to our Slate Plus members for making this episode available to all listeners. The full version of this episode is now exclusively available to our Slate Plus members. If you want to have access to bonus content like this, go to slate.com/amicusplus to become a member.

An extra episode of Amicus as the former President of the United States, Donald J Trump, is arraigned in federal court in Miami on 37 counts, entering a plea of not guilty. Dahlia Lithwick is joined by Ryan Goodman, co-editor-in-chief of Just Security, Professor of Law at NYU School of Law, a distinguished fellow at the National Institute of Military Justice, and former special counsel at the Department of Defense. Together, they step back from the spectacle to examine the challenge of prosecuting a former President over things that were supposed to be state secrets, and whether Trump can use politics to outrun justice this time.  

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Republicans are saying that the "Clinton sock drawer case" - Judicial Watch v. NARA - means that Trump didn't violate the Espionage Act and can just declare anything he wants to be a "personal" record.

That's nonsense, of course.

Notes Judicial Watch, Inc. v. National Archives and Records Administration, 845 F.Supp.2d 288 (D.D.C.2012) https://scholar.google.com/scholar_case?case=15818036517066124081

Donate to National Security Counselors! https://donate.democracyengine.com/NationalSecurityCounselors/contribute OR

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-For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki

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