The presidential transition is always a bit fraught, as we have discussed in past episodes, but this one seems to be boundary-pushing, even for Trump. He intends to fire the FBI director, whom he appointed, (can he do that? - we explain) and replace him with a singularly problematic bomb thrower. He had pardoned a family criminal, and now appoints him to be ambassador to France. He prizes loyalty to him above all, it seems, but is there a place for competence? And we have more on the withdrawal of Gaetz and his strange resignations. Speaking of resignations, a judge in Ohio has thrown yet another resigning twist our way. This episode was recorded prior to the Hunter Biden pardon, which will be discussed in a later episode. CLE credit is available from podcast.njsba.com.
Strict Scrutiny - Gender-Affirming Care in the Court’s Crosshairs
After touching on some shenanigans from the Federalist Society’s National Lawyers Convention and Chuck Schumer’s lousy deal on judicial appointments, Leah, Kate, and Melissa preview December’s upcoming Supreme Court cases. The Justices will hear arguments in cases about gender-affirming care for minors, the FDA’s denial of authorization to flavored e-cigarettes, and the National Environmental Policy Act.
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
Opening Arguments - Please Stop Spreading Panic About Denaturalization
OA1094 - Denaturalization and an executive order revoking birthright citizenship for children of undocumented parents have both been in the news a lot recently, and Matt would like everyone to take a breath and do some realistic risk assessment. We review what it actually takes to denaturalize someone under our current system, and what it would take for a majority of even this Supreme Court to say that the Fourteenth Amendment doesn’t say exactly what it says.
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Departure Statement of Wong Kim Ark, National Archives San Francisco
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Trump announcement on birthright citizenship executive order, Agenda 47 (2024)
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Birthright Citizens: a History of Race and Rights in Antebellum History, Martha Jones (2018)
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Amicus With Dahlia Lithwick | Law, justice, and the courts - The Right’s About-Turn on Parental Rights
When it comes to gender affirming care for teenagers, parents’ rights no longer matter. Doctors’ opinions no longer matter. Next week, the Supreme Court will hear arguments in United States. v Skrmetti, challenging Tennessee’s ban on healthcare for trans kids, and upending half a century of gender protection doctrine.
Dahlia Lithwick is joined by Chase Strangio, co-director of the ACLU’s LGBT & HIV Project, who will also be the first openly trans lawyer to argue at SCOTUS when he argues, alongside the Biden administration, representing the parents and physician of trans adolescents seeking care, in what will be the biggest trans rights case the court has ever heard. Chase and Dahlia dig through the doctrine to reveal the conservative legal movement’s deep hypocrisy when it comes to trans rights as compared to the rights of parents and doctors when it comes to abortion.
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Opening Arguments - Drakesgiving Special
OA1093 - In this episode recorded on Thanksgiving Day, two vegetarians carve up the Canadian turkey born Aubrey Drake Graham. Are Drake’s exploratory legal actions against Universal Music in response to Kendrick Lamar’s “Not Like Us” the weakest move in the history of rap beefs? Matt shares some of his favorite diss tracks before we consider these filings and how Drake thought he could possibly come out of this looking good. We also take a look at Jack Smith’s motion to dismiss both of the federal criminal cases against the 47th President-elect of the United States, and what we can learn about the possible future (?) of these cases from both his motion and DC federal judge Tanya Chutkan’s order granting it. Finally, in today’s footnote Thomas provides valuable evidence for the prospective plaintiffs in a cease and desist demand recently made against the ONLY guitar endorsed by Donald Trump.
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Judge Chutkan’s order on government’s motion to dismiss U.S. v. Trump (11/25/24)
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OLC memo on immunity for sitting presidents (10/16/2000)
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OLC memo on presidential self-pardons (8/5/1974)
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Verified Petition in Frozen Moments LLC v UMG/Spotify (NY Drake payola filing)(11/25/24)
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Verified Petition seeking depositions in TX (TX Drake defamation filing)(11/25/24)
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Opening Arguments - “The Right Way” Part 2
OA1092 plus T3BE49 - we continue our conversation with Somali-American author and advocate Abdi Nor Iftin.
Then, it's answer time for T3BE question 48, and our new question 49! Play along on BlueSky!
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If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!
Opening Arguments - What It Really Takes To Immigrate “The Right Way”
OA1091 - We are honored to welcome Somali-American author and advocate Abdi Nor Iftin for the first of a 2-part Thanksgiving episode dedicated with gratitude to the incredible efforts that so many naturalized Americans have made to be a part of this country. Abdi has recorded the full story of his life in his book Call Me American, in which he details the long journey from his escape from being forced into service as a child soldier in war-torn Somalia to his years as a refugee in Kenya before winning the U.S. diversity visa lottery and building a thoroughly American life in one of the last states you might expect. In this extended interview we get to know Abdi as he shares his story and his unique perspective on what the current American moment means for him and his community.
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Call Me American: A Memoir,: Abdi Nor Iftin (2018)
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“Now is the time to buckle up and fight, not to flee,” Abdi Nor Iftin, The Forecaster (11/19/24)
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“Abdi and the Golden Ticket,” This American Life (7/3/2015)
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Amarica's Constitution - Does Section Three Live?
Colorado’s Supreme Court ruled that Donald Trump was ineligible for the Presidency under Section 3 of the 14th Amendment, following a trial, a verdict, and appeals. The January 6th commission had numerous findings of fact that seemed damning to the former President. The Special Counsel brought charges against him related to the fateful day. But the Supreme Court unanimously ruled against Colorado; the Justice Department is dropping their case; the January 6th commission has disbanded. Meanwhile there has been no ruling that Trump did not in fact violate Section 3. Does it exist? And if it does, what are the implications for Congress’ certification of the vote in early January 2025? We return to this subject even as the nation seems to be leaving it behind. Also - an early look at some of the background to the recess appointment article authored by Prof. Amar and others which will appear soon, and a celebration of a great man and a great historian. CLE credit is available from podcast.njsba.com.
Strict Scrutiny - How Will Trump 2.0 Embolden SCOTUS to Gut the Law?
Kate and Melissa comb through the latest from the incoming Trump administration, including the subbing in of Pam Bondi for Matt Gaetz for Attorney General. Then, they take a look at the areas of law that will be hit hardest during a second Trump term. Finally, all three hosts speak with Judge David Tatel, formerly of the DC Circuit, about his book, Vision: A Memoir of Blindness and 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
Amicus With Dahlia Lithwick | Law, justice, and the courts - Can The Senate Save Us?
If you had forgotten the chaos of Trump 1.0, the frenzied first two weeks of transition to Trump 2.0 has surely been a stark reminder. A pair of random billionaires are claiming in advance that SCOTUS will back their extra-governmental plans for a slash and burn policy for federal agencies; accusations of sexual misconduct swirl around cabinet picks; nominations are being retracted and replaced, and while all of this happens we are waiting to see whether Republicans in the Senate will step into a role of moderation, or just roll over. This matters a lot with respect to what the federal judiciary is going to look like, how much scrutiny is applied to the most outlandish cabinet nominees, and the independence of the Justice Department.
On this week’s Amicus, Dahlia Lithwick is joined by Senator Sheldon Whitehouse of Rhode Island, who has spent years investigating the dark money plot to control the courts, and who knows from firsthand experience why the justice department is different from other agencies.
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.
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