Amicus With Dahlia Lithwick | Law, justice, and the courts - The Many Compromises of Elena Kagan

The Justices seem intent on packing their summer vacation bags and getting on their way. 

Earlier in the week, the court’s conservative supermajority upheld a Tennessee ban on gender-affirming care for trans kids. The logic behind the decision was…lacking (Slate Plus members can hear about this right now). In this episode, Dahlia Lithwick talks to Chase Strangio, the lawyer for the Tennessee plaintiffs, about where we go from here.

Meanwhile, don’t miss the significance of Friday’s batch of rulings: co-host Mark Joseph Stern joins Dahlia to talk about the implications in cases seemingly about vaping and faxes and gas stations, but with much bigger implications. He also breaks down why Elena Kagan keeps joining the conservatives, and whether it foreshadows something bigger headed our way (light-at-end-of-tunnel-or-oncoming-train-dot-gif). 

This is part of Opinionpalooza, Slate’s coverage of the major decisions from the Supreme Court this June. The best way to support our work is by joining Slate Plus. By joining, not only will you unlock weekly bonus episodes of Amicus—you’ll also 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.

 (If you are already a member, consider a donation or merch!)

Also! Sign up for Slate’s Legal Brief: the latest coverage of the courts and the law straight to your inbox. Delivered every Tuesday.


Learn more about your ad choices. Visit megaphone.fm/adchoices

Opening Arguments - Clarence Thomas Is an Even Worse Doctor Than He Is a Judge

OA1168 - Did the Karen Read trial just become the most expensive drunk driving prosecution in US history? We then briefly discuss legal issues around the arrest by ICE of New York mayoral candidate Brad Landry, and Matt fills in the most important missing detail of a story which nearly the entire media got wrong this week. And in our main story: the Supreme Court has struck an expected but thoroughly disappointing blow against trans rights in one of the season's biggest cases, and we talk out our first impressions of the informed medical judgments of Drs. Roberts, Thomas, and Alito. 

Finally, in today's footnote: why America’s favorite crack-smoking pillow salesman now owes millions for repeating a second-hand rumor about an Antifa conference call.

Be sure to join us on YouTube on Sunday, June 22nd, at 3pm Pacific/6pm Eastern!

Check out the OA Linktree for all the places to go and things to do!

This content is CAN credentialed, which means you can report instances of harassment, abuse, or other harm on their hotline at (617) 249-4255, or on their website at creatoraccountabilitynetwork.org.

Amarica's Constitution - A Judicious Life, Part Two – Special Guests Justice Stephen Breyer, Professors Nadine Strossen and Kermit Roosevelt

Former Justice Breyer returns to Amarica’s Constitution with reflections on his long-time colleague and, yes, his friend, in a rare opportunity to hear about relationships on the Court.  Meanwhile, former Souter clerk and current Professor at Penn Carey Law School, Kermit Roosevelt, looks back on the clerkship as well as at the threads that have emerged in the law and in his career from Justice Souter’s insights and methodology.  And Nadine Strossen, long-time president of the ACLU as well as dear friend to Justice Souter explores many of the first amendment and other cases that Justice Souter had profound things to say, often in dissent.  This is a powerhouse episode, but a tender one.  CLE credit is available for lawyers and judges from podcast.njsba.com.

Opening Arguments - I Like My Bar Exam Questions Like I Like My Coffee

T3BE74

First an exciting announcement! We're bringing back the original Q&A format where everyone can hang out for the livestream, but patrons get the extra special opportunity to ask questions in advance! Be sure to join us on YouTube on Sunday, June 22nd, at 3pm Pacific/6pm Eastern!

If you'd like to play along with T3BE, here's what to do: hop on Bluesky, follow Openargs, find the post that has this episode, and quote it with your answer! Or, go to our Subreddit and look for the appropriate T3BE posting. Or best of all, become a patron at patreon.com/law and play there!

Check out the OA Linktree for all the places to go and things to do!

This content is CAN credentialed, which means you can report instances of harassment, abuse, or other harm on their hotline at (617) 249-4255, or on their website at creatoraccountabilitynetwork.org.

Strict Scrutiny - SCOTUS Upholds Tennessee Ban on Gender-Affirming Care for Minors

In this emergency episode, Chase Strangio of the ACLU joins the pod to talk about today’s decision in United States v. Skrmetti. Then, Kate, Leah, and Melissa dive deep into the opinion, the various flavors of awful found in the concurrences from the majority, and what this decision might mean more broadly for the future of sex-based discrimination under the Equal Protection Clause.

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 

  • 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 - Sneak Preview: SCOTUS Apparently Doesn’t Believe Trans People Exist

In this Slate Plus exclusive episode, Dahlia Lithwick and Mark Joseph Stern analyse the Roberts Court's decision in Skrmetti,  effectively bans gender-affirming  care for trans minors in more than 20 states.

This is part of Opinionpalooza, Slate’s coverage of the major decisions from the Supreme Court this June. Listen to it now by subscribing to Slate Plus. By joining, not only will you unlock weekly bonus episodes of Amicus—you’ll also 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.

The best way to support our work is by joining Slate Plus. (If you are already a member, consider a donation or merch!)Also! Sign up for Slate’s Legal Brief: the latest coverage of the courts and the law straight to your inbox. Delivered every Tuesday.


Learn more about your ad choices. Visit megaphone.fm/adchoices

Amicus With Dahlia Lithwick | Law, justice, and the courts - Sneak Preview: SCOTUS Apparently Doesn’t Believe Trans People Exist

In this Slate Plus exclusive episode, Dahlia Lithwick and Mark Joseph Stern analyse the Roberts Court's decision in Skrmetti,  effectively bans gender-affirming  care for trans minors in more than 20 states.

This is part of Opinionpalooza, Slate’s coverage of the major decisions from the Supreme Court this June. Listen to it now by subscribing to Slate Plus. By joining, not only will you unlock weekly bonus episodes of Amicus—you’ll also 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.

The best way to support our work is by joining Slate Plus. (If you are already a member, consider a donation or merch!)Also! Sign up for Slate’s Legal Brief: the latest coverage of the courts and the law straight to your inbox. Delivered every Tuesday.



Hosted on Acast. See acast.com/privacy for more information.

Opening Arguments - This Law Student Refused to Let Big Firms Get Away with Quiet Complicity

OA1167 - Georgetown law student Mari Latibashvili is the co-founder of the GU Law Coalition for Justice, which recently made national headlines by organizing law students to refuse interviews and job offers from law firms which have given in to the Trump administration’s war on the legal profession. We discuss (among other things) this remarkably successful campaign, what life in law school has been like since the November 2024 election, and the growing influence of abolitionism among law students and new lawyers.

Check out the OA Linktree for all the places to go and things to do!

This content is CAN credentialed, which means you can report instances of harassment, abuse, or other harm on their hotline at (617) 249-4255, or on their website at creatoraccountabilitynetwork.org.

Strict Scrutiny - Can Trump Mobilize the Military Without California’s Consent?

Melissa, Kate, and Leah can smell the fascism in the air as President Trump forces troops on California protesters. They discuss how he is (yet again) pushing the boundaries of authoritarianism, provide an update on the Kilmar Abrego Garcia case, and unpack another flurry of Supreme Court Opinions. Then, they talk trans rights with Chase Strangio, deputy director for transgender justice and staff attorney with the ACLU. Finally, a bit of fun with a game about iconic breakups–political and otherwise. This episode was recorded live from Sony Hall in New York City. 

Hosts’ favorite things:
Kate: “How 2000s Culture Messed Us Up”, (The Culture Study Podcast); “Delay, Interfere, Undermine”, T. Christian Miller and Sebastian Rotella (ProPublica); Federalizing the California National Guard, Steve Vladek (One First)

Leah: This Is What Autocracy Looks Like, Michelle Goldberg (NYT); Argent, who dressed the hosts for the show

Melissa: What the Hell Is Posse Comitatus Anyway? Elie Mystal (The Nation); The Better Sister (Prime Video); Sarah Sclarandis’ shoes

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 

  • 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 - Tanks On DC’s Streets And A US Senator In Handcuffs

America feels very different this weekend. While the president’s planned military parade (that just happens to coincide with his birthday) will see tanks and armored vehicles rolling through Washington DC, federalized National Guard and US Marines have been deployed to Los Angeles over the objections of state and city electeds, many of us are reeling from seeing a sitting US Senator forced to the floor and cuffed for trying to ask a question, and dozens of protests are planned around the country to declare “No Kings”.  It’s. A. Lot. In this episode of Amicus  Dahlia Lithwick is joined by Mark Joseph Stern to try to process some of the events of the last week, and to understand where the law stands on the key question of whether President Trump lawfully deployed troops quell anti-ICE raid  protests in California that the administration is trying to claim are a “rebellion”.


This is part of Opinionpalooza, Slate’s coverage of the major decisions from the Supreme Court this June. The best way to support our work is by joining Slate Plus. (If you are already a member, consider a donation or merch!)Also! Sign up for Slate’s Legal Brief: the latest coverage of the courts and the law straight to your inbox. Delivered every Tuesday.


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.

Learn more about your ad choices. Visit megaphone.fm/adchoices