Category: 3-LawSometimeCommentary

Dahlia Lithwick and Slate’s Mark Joseph Stern offer analysis of the big decisions due from SCOTUS any minute, and Dahlia hosts a conversation with Rep Katie Porter about the need for laws to shore up toppled norms. 

In our Slate Plus segment, Mark returns to discuss the Stanford law student targeted by the Federalist Society. Nicholas Wallace nearly missed out on getting his diploma after fellow law students and the university mistook satire for defamation. Also Mark and Dahlia are getting “free speech for me but not for thee” tattoos.

If you enjoy this show, please consider signing up for Slate Plus. Slate Plus members get benefits like zero ads on any Slate podcast, bonus episodes of shows like Slow Burn and Political Gabfest—and you’ll be supporting the work we do here on Amicus. Sign up now at slate.com/amicusplus to help support our work.

Podcast production by Sara Burningham.

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Dahlia Lithwick and Slate’s Mark Joseph Stern offer analysis of the big decisions due from SCOTUS any minute, and Dahlia hosts a conversation with Rep Katie Porter about the need for laws to shore up toppled norms. 

In our Slate Plus segment, Mark returns to discuss the Stanford law student targeted by the Federalist Society. Nicholas Wallace nearly missed out on getting his diploma after fellow law students and the university mistook satire for defamation. Also Mark and Dahlia are getting “free speech for me but not for thee” tattoos.

If you enjoy this show, please consider signing up for Slate Plus. Slate Plus members get benefits like zero ads on any Slate podcast, bonus episodes of shows like Slow Burn and Political Gabfest—and you’ll be supporting the work we do here on Amicus. Sign up now at slate.com/amicusplus to help support our work.

Podcast production by Sara Burningham.

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Leah, Melissa, and Kate recap the last week of opinions (Van Buren v. United States, Garland v. Dai, and Cooley v. United States). They also discuss some developments on the shadow docket, whether Neil Gorsuch is getting some cold feet about the whole textualism thing, and the newest teacher in town -- Justice Breyer, who clearly needs some Zoom advice.

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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Will and Dan break down the Court's fascinating decision yesterday in Van Buren v. United States, which interpreted the Computer Fraud and Abuse Act. 

First story on today's show is the Chauvin motion for downward departure. The Judge said up to 30 years, Chauvin countered with "...how about a firm talking-to?" Andrew breaks down the (mostly terrible) arguments. Then, we talk about a conservative cancel culture story – a Stanford Law student put up an obviously satirical and hilarious flier roasting the Federalist Society and then was punished by the school. Listen for the details and some history on campus free speech!

Links: The First Amendment Encyclopedia, Campus Hate Speech Codes, California Education Code § 94367, Corry v. Stanford, Stanford Flyer, Fed Society Complaint

On June 1, 2021 the Supreme Court decided City of San Antonio, Texas v. Hotels.com L.P. The issue was whether, as the U.S. Court of Appeals for the 5th Circuit alone has held, district courts “lack[] discretion to deny or reduce” appellate costs deemed “taxable” in district court under Federal Rule of Appellate Procedure 39(e).
In a 9-0 opinion authored by Justice Alito, the Court affirmed the ruling of the Court of Appeals for the Fifth Circuit. The Supreme Court held, “Federal Rule of Appellate Procedure 39 does not permit a district court to alter a court of appeals’ allocation of the costs listed in subdivision (e) of that rule.”
Charles Campbell, Associate Dean for Academic Affairs and Associate Professor of Law at Faulkner University’s Jones School of Law, joins us today to discuss this decision and its implications.

Dan and Will  discuss the Court's recent run of unanimous cases, paying particular attention to United States v. Cooley; ponder weighty issues like the role of the Hart & Wechsler casebook in defining the field of federal courts; and announce a new way for listeners to engage with the show: our voicemail line, (314) 649-3790‬.

That little-known school in Cambridge, Massachusetts keeps popping up.  Akhil and Andy, objective Yale men as always, look at how Harvard was in the room at the American Revolution’s first stirrings, how generations of Harvard men kept a version of that story alive, and how today’s Cantab Crowd stumble over their own stories in ways that profoundly influence our American dialog about our past and our present.  Akhil scrutinizes Harvard’s best and finds them brilliant but at times wanting - and issues an invitation to hash it all out.

Today we have special guest Nick Fish, president of American Atheists! He recently attended a meeting with the White House Office of Faith-Based and Community Initiatives. Is this administration doing a better job representing the millions of non-believers in the country? Find out! In the first segment, we discuss Mahanoy Area School District v. B.L., the free speech case you may have heard about on The Daily. Andrew gives us a more complete breakdown and offers a prediction as to how the ruling will go! Links: Tinker v. Des Moines, Hazelwood Indep. School Dist. v. Kuhlmeier, Bethel School District No. 403 v. Fraser, BL v. Mahanoy Area Sch. Dist., 964 F.3d 170, Mahanoy Area School District v. BL oral arguments, Faith-Based and Neighborhood Partnerships EO

Melissa interviews Ian Millhiser about his new book, The Agenda: How a Republican Supreme Court Is Reshaping America. This conversation was originally an event with the Commonwealth Club in April.

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