Category: 3-LawSometimeCommentary

I mean it isn't really ok that Clarence Thomas is on the Supreme Court, and he definitely should recuse himself from any of this (he won't), HOWEVER, there is no need to freak out about this particular thing. Andrew has the breakdown. Plus, Ken Paxton avoided a deposition... until he didn't. Because he's an idiot. And finally, is Elon Musk going to buy Twitter? And therefore was Andrew wrong? Well.... no. Links: Fund Texas Choice v. Paxton, DOJ motion 11th circuit, Trump opposition, Trump asks SC for stay, why Justice Thomas has the decision, Elon Musk letter, Trump v CNN, The Onion's Amicus Brief

Do you know who was Franklin Roosevelt's most trusted advisor? Do you know who practically invented the law clerk infrastructure and controlled the clerk assignments to 60% of the justices at once?  Do you know who was a key early reporter for The New Republic? Do you know who was the first Jewish professor at the Harvard Law School?  Who was the sharpest critic of the Supreme Court only to become a Justice of that Court?  Who went to Versailles and advised both Weizmann and T.E. Lawrence? Who fought bitter battles with Harvard's President again and again? These are all the same person:  Felix Frankfurter.  A new and important biography of Justice Frankfurter tells this incredible story, and he joins our podcast today:  Professor Brad Snyder.  Believe it or not, the superlatives you just read only scratch the surface of this Man Who Was Everywhere.  You have to hear it all.

Look it seems impossible, but someone Andrew insists that we've never done a deep-dive on Citizens United! It's obviously one of the worst decisions in Supreme Court history, but do you know the details of just HOW terrible it was? Listener Thomas S. certainly didn't. So listen in and be dumbfounded at how tf we got here. Links: Wealth Inequality in the U.S. by Household Type, Has Wealth Inequality in America Changed over Time, Trends in U.S. income and wealth inequality, Unequal gains: American growth and inequality since 1700, founding fathers wealth inequality, United States v. Int’l Union United Automobile, Aircraft & Agricultural Implement Workers of America (UAW-CIO), 352 U.S. 567 (1957)

It feels like we're still processing the end of last term, but alas, the first Monday in October is upon us. Kate, Melissa, and Leah kick off season 4 of Strict Scrutiny with a look ahead at what's sure to be another heinous Supreme Court term. 

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

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We provided an extended preview of the arguments in one of the October cases, National Pork Producers Council v. Ross, which takes us into a long discussion of the "dormant" Commerce Clause and extraterritorial regulation. But first we discuss some statements from Justice Alito and Ginni Thomas, the newest circuit justice assignment, and some updates from last episode.

Dahlia Lithwick is joined by Slate’s Mark Joseph Stern and Jay Willis of Balls and Strikes for a preview of the big cases headed our way this Supreme Court term. They tackle cases concerning voting rights, indigenous rights, environmental protection and affirmative action, before turning their attention to the tricky business of covering a court that is radically changed and how the traditionally deferential Supreme Court press corps needs to update its methods and reporting in response.

Dahlia’s new 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% discount by going to slate.com/justice and entering the code “AMICUS” at checkout.

If you enjoy this show, please consider signing up for Slate Plus. Slate Plus members get an ad-free experience across the network and exclusive content on many shows—you’ll also be supporting the work we do here on Amicus. Sign up now at slate.com/amicusplus to help support our work.

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You can't quite call it f around and find out, since Judge Cannon has bent over backwards and around and through the 4th dimension and back in time for Trump. But Trump got his hand picked Special Master and quickly found out... he's just a Reagan Republican. Not a Qanon shaman. Trump has been caught it 11 different traps. OR WOULD HAVE BEEN except for the absolutely Cannon ball that dropped right after we recorded.

Links: Lunn v. Commonwealth (2017), Arizona v. U.S., 567 U.S. 387 (2012), 18 U.S. Code Chapter 77 - PEONAGE, SLAVERY, AND TRAFFICKING IN PERSONS, “A-M-P” Model, Justice Manual, the appointment order, order following partial stay, case management order, motion to stay, revised filing, Trump opposition to Dearie’s CMO, Rule 53. Masters, 18 U.S. Code § 793 - Gathering, transmitting or losing defense information, DOJ;s reply, Trump opposition to extension of time

It’s almost the First Monday in October, so the Supreme Court term is upon us.  Those who follow the Constitution may turn to Amarica’s Constitution for their Constitution-listening, and after meeting Amy Howe, founder of SCOTUS Blog, they will turn to that amazing resource for their Court-watching.  So, join us. Meet today’s special guest, Amy Howe; meet SCOTUS Blog; meet the new term; and see why Professor Amar and colleagues regard her as a rock of integrity, completeness, and civic virtue.

Some transphobic and racist a$$holes stole a DnD-like game from Wizards of the Coast and tried to use it for their own racist transphobic purposes with a really stupid "one weird trick." They got busted and dueling lawsuits followed. Andrew has the breakdown!

Links: complaint against wizards, answer and counterclaim, TSR Online Store, Wizards of the Coast files lawsuit against TSR LLC, Schuh affidavit, Rainwater affidavit

Dahlia Lithwick’s new book Lady Justice: Women, the Law and the Battle to Save America, tells the story of the women lawyers who stood up to Trump and stood up for those unseen and unrepresented by a brutal presidency, and the stories of the women who will fight on in the wake of life-altering decisions from a radicalized Supreme Court.

Lady Justice is also available as an audiobook, and Amicus listeners can get a 25% discount by entering the code “AMICUS” at checkout. https://books.supportingcast.fm/lady-justice

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