Opening Arguments - OA579: The New Blueprint for Anti-Vax Lawsuits

After accidentally suing themselves and then re-filing, some anti-vaxers then went on to file a complaint that, I can't believe I'm saying this, is actually something we need to take seriously. It may be the new blueprint for anti-vax grift and we need to call it out. Andrew has the full breakdown!

Links: complaint, Jefferson W. Gross, Davillier Law Group, LLC, 86 FR 61555, background to Biden v. Missouri / OSHA, Biden v. Missouri, Vaccine: Mandate for Health Care Settings (deadlines vary by state), Great Barrington Declaration

Strict Scrutiny - Go Down Clutching the Constitution

Rebecca Nagle, host of This Land, joins Leah and Kate to discuss the issues at stake in Brackeen v. Haaland, a case challenging the Indian Child Welfare Act that the Supreme Court will hear next term.

Plus, Kate and Leah catch you up on the latest in SB8 news, an opinion written by Justice Kagan, and the cases the Supreme Court will hear in the next two weeks [20:54]. There's also more drama with Ginni Thomas [51:50], a judge trying to cancel student protestors [56:18], and a House hearing on workplace protections in the federal judiciary [1:01:53].

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  • 6/12 – NYC
  • 10/4 – Chicago

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Amicus With Dahlia Lithwick | Law, justice, and the courts - A Ketanji Brown Jackson Confirmation-Hearing Preview

In a Slate Plus-exclusive episode, Dahlia Lithwick and Mark Joseph Stern look ahead to next week’s hearings and lend their expert opinions on what’s likely to come up, what really matters, and who’s got the whole thing upside down.  

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Podcast production by Sara Burningham.

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Amicus With Dahlia Lithwick | Law, justice, and the courts - A Ketanji Brown Jackson Confirmation-Hearing Preview

In a Slate Plus-exclusive episode, Dahlia Lithwick and Mark Joseph Stern look ahead to next week’s hearings and lend their expert opinions on what’s likely to come up, what really matters, and who’s got the whole thing upside down.  

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

Podcast production by Sara Burningham.


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Opening Arguments - OA578: 1/6 Prosecutors Admit Violating Suspects Rights. What Happened?

It's a CNN headline that the MAGA Media is jumping all over. Is this a vast conspiracy to persecute the "political prisoners" of 1/6? Or... is it a normal thing? Get the breakdown. ALSO - man buys Tom Brady's "final" touchdown ball for $518k. Brady unretires THE NEXT DAY. Does the man have any legal recourse against anyone? And finally, an update on John Eastman's never ending quest to not turn over his insurrectiony documents.

Links: Brady auction, All About Bidding with Lelands, Prosecutors admit they violated a Capitol rioter's rights CNN, actual filing, govt response to motion to release, United States v. McLendon

Amarica's Constitution - Lawyer of the Century

Walter Dellinger and Charles Black are hard acts to follow, but our concluding role model is up to the task.  Telford Taylor was legislator, war hero, Nuremberg prosecutor, international law pioneer, law firm founder, tenured professor and scholar extraordinaire, public intellectual, and always a principled, skilled lawyer.  Professor Amar admired his work from afar, and that admiration led to a personal meeting, to Akhil’s first major law review article in the Harvard Law Review, and ultimately, to the opening scene of his latest book.  Meanwhile, in the news, we also take time to look at the latest developments, statements, and misstatements filling the air on the notorious Texas abortion law, SB8.

Opening Arguments - OA577: This Week in ‘Republicans Are Horrendously Evil’

It's time to cover these disgusting 'Don't Say Gay' Bills. There's some small good news, though. None of them are actually law YET. Find out what they are about, and which ones will and won't likely become laws. Then, Andrew breaks down how one Republican sought to show how elections are fraudulent by... committing an absurd amount of election fraud. Then, because we've earned it, a nice uplifting wildcard segment! Links: Florida don't say gay bill, GA SB 613, Idaho HB 675, Missouri HB 1677, Peters Indictment, FL goon squad bill, Sidney Powell bar complaint, p 37 of Dominion's defamation lawsuit, Exhibit 6

Strict Scrutiny - Living Textualism

Kate and Leah talk with Cary Franklin, the McDonald/Wright Chair of Law and Faculty Director of the Williams Institute at the UCLA School of Law, about her article "Living Textualism." The article is a broad critique of textualism, using the Supreme Court's 6-3 decision in Bostock v. Clayton County as a foundation.

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

Amicus With Dahlia Lithwick | Law, justice, and the courts - Anita Hill on the Supreme Court’s Future

Dahlia Lithwick is joined by Professor Anita Hill to discuss confirmation hearings past and future, the unfinished work of equality, and whether the current Supreme Court can be part of that work. 

In our Slate Plus segment, Slate’s senior jurisprudence editor Nicole Lewis and senior writer Mark Joseph Stern discuss the worrying news buried in a shadow docket “win” for redistricting, a unanimous decision Monday, and the judges who seem intent on threatening national security by meddling with the military. 

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

Podcast production by Sara Burningham.

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