Amarica's Constitution - The Kennedy Shame and Schumer’s Folly – Special Guest Ruth Marcus

RFK Jr. has withdrawn from the race and endorsed Trump. This meeting of an estranged Kennedy and an indicted Trump, is laced not only with strangeness but also constitutional themes, as we explore.  Meanwhile, backlash after the Trump immunity opinion continues, and Senate Majority Leader Schumer has introduced legislation in response.  The great Washington Post columnist, Ruth Marcus, returns to our podcast to comment on this legislation and the many serious implications it would have if adopted, as well as the issues it raises for consideration even if it fails, as it seems likely to do. CLE credit is available from podcast.njsba.com

Opening Arguments - LAM1003: Over Ruled FREE PREVIEW

Hey folks! Wanted to give you all a preview of the bonus we just released. If you'd like to hear the full thing, please head to patreon.com/law and pledge at the 2nd tier or above! Thanks!

Yay LAM is back and booker than ever! Neil Gorsuck wrote an incredibly bland book and Matt read it for some reason. Let's find out how much suck can a Gorsuck suck if a Gorsuck could suck suck.

PS yes I said I'd bleep stuff on the main feed but since this ended up being a bonus I'm just marking it explicit instead.

Strict Scrutiny - Project 2025 (cont.): The Fascist Plan to Plunder the Government

To wrap up our series on Project 2025, Kate, Leah and Melissa are joined by NYU's Ruth Ben-Ghiat, author of Strongmen: Mussolini To The Present to share her perspective as a historian on the Heritage Foundation's terrifying plans for the country. 

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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Opening Arguments - The Future of Marriage Rights

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We are excited to bring you a fascinating conversation with Attorney Diana Adams (they/them) of the Chosen Family Law Center, a New York City-based non-profit which advocates for LGBTQIA and other non-traditional families of all backgrounds and descriptions. Diana is one of the nation’s leading advocates for rethinking how governments, courts, employers, and other institutions can accommodate committed relationships beyond the norms of romantic and/or sexual monogamy, including those involving more than two people, platonic partnerships, non-traditional parenting arrangements, and the many other ways in which people can choose to be in family relationships. Topics include (among many other things) the surprisingly racist history of the term “nuclear family,” developments in local and state law since the Supreme Court’s monumental recognition of full marriage equality in 2015, and what an immigration system not fundamentally based in a 1950’s conception of white heteronormative marriage might look like. 

If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

Amicus With Dahlia Lithwick | Law, justice, and the courts - The Forgotten Jan 6th Case Against Trump

Former President Donald J Trump keeps figuring out ways to escape criminal liability. The Supreme Court has thrown a wrench into the insurrection case and delayed sentencing in the campaign finance hush money case, while a Florida judge helped him slip out from under charges of recklessly mishandling classified documents… at least, for now.

But Trump has seen less success defending himself in civil courtrooms - including two judgments against him in defamation cases brought by writer E. Jean Carroll. Trump owes tens of millions of dollars.

On this episode of our series “The Law According to Trump,” is the civil court path to holding Trump to account in a way that actually sticks? Damon Hewitt, President and Executive Director of the Lawyers’ Committee for Civil Rights Under Law, speaks with host Andrea Bernstein about his case that uses the 150-year-old KKK Act to make Trump face consequences for his actions on January 6th.

This episode is member-exclusive. 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.

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Opening Arguments - Did Trump Just Violate the Logan Act?

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We begin with a brief update on Disney’s truly Mickey Mouse arguments in a Florida wrongful death lawsuit before discussing three other questionable legal claims from the week’s news:

  • As expected, Hunter Biden has tried to use findings from a Florida federal court that special counsel Jack Smith was unlawfully appointed to have his own pending federal tax charges dismissed in California. Can this creation of Aileen Cannon’s imagination survive in the wild?

  • Speaking of the BIDEN CRIME FAMILY: we review the final report from the House Republicans in support of impeaching Joe Biden--for, well you know. Something. If anyone wants to get around to it. What are we even doing here?

  • News this week that presidential candidate Donald Trump may have discussed delaying a Gaza ceasefire agreement with Israeli Prime Minister Benjamin Netanyahu until after the election has set off yet another round of online demands for prosecution under the Logan Act of 1799. What’s the deal with this 225-year-old law--and are we ever going to get around to actually using it?

If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

SCOTUScast - FDA v. AHM – Post-Decision SCOTUScast

On June 13, 2024, the Supreme Court issued its ruling in Food and Drug Administration v. Alliance for Hippocratic Medicine holding that the plaintiffs lacked Article III standing to challenge the Food and Drug Administration’s regulatory actions regarding mifepristone.
Join us to hear our panel break down the decision and discuss its potential ramifications.

Featuring:
Adam Unikowsky, Partner, Jenner & Block LLP
Megan M. Wold, Partner, Cooper & Kirk
(Moderator) Prof. Teresa Stanton Collett, Professor and Director, Prolife Center, University of St. Thomas School of Law

Amarica's Constitution - Circuit of Shame

The United States Court of Appeals for the Fifth Circuit has been overruled by the Supreme Court more often, and more forcefully, than any other circuit during the past term.  Why?  What are the consequences for the judges of the Fifth Circuit, if any?  Is this a problem for our judicial system, and if so, are there any remedies available?  Listeners to Amarica’s Constitution will not be surprised to learn that Professor Amar has some ideas on this topic.  He also grounds the problems and the solutions in history and structure, and lest one think this is a partisan attack on a conservative court, he tells of his past criticism of the then-ultra-liberal ninth circuit for analogous behavior.