Category: 3-LawSometimeCommentary

Will and Dan record a rare live show in an unusual venue: the Salamander Resort in Middleburg, Virginia, at the annual attorney retreat for trial boutique Wilkinson Stekloff. Dan teaches Will some of the new lingo he's learned from the firm's trial experts before a deep dive into civil procedure. First, we dig into the recently argued Coney Island Auto Parts Unlimited v. Burton, which presents a seemingly easy legal question and harder questions about SCOTUS advocacy and ethics. Then we look back at last Term's LabCorp v. Davis, which the Court DIG'd but which raises some fundamental questions about class action litigation that the Court is likely to revisit down the road.  

VR14 - Part 2 of the Epstein files

We continue our first look at some highlights from last week's massive release of more than 20,000 pages of material from the estate of Jeffrey Epstein released by the House Oversight Committee, including Steve Bannon and ASU professor Lawrence Krauss among others. We  also consider Megyn Kelly's appalling response before leaving the last word where it belongs: with the women who have come forward to tell their stories on behalf of themselves and those who will never be able to.

1. Epstein survivors press conference held outside the US Capitol (9/3/25)

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

We return to the tariff case and continue to hear from the justices and the advocates in their own voices from the oral argument.  This time, a 20 year old argument from Vik Amar takes center stage with apparent approval from several key justices, and several of the Court’s female justices join forces to make life difficult for the Solicitor General.  We also review some of the emerging implications from the recent election, and a bill coming out of Illinois that takes its inspiration from a 40 year old argument made by Professor Amar. Part 2 of 2. CLE credit is available for lawyers and judges from podcast.njsba.com.

OA1208 - We go beyond the Trump-related content in the latest round of Epstein disclosures by the House Oversight Committee to explore what we can learn from the many people in Jeffrey Epstein's orbit who flattered, patronized, and enabled him. Part 1 of 2.

1. Searchable database of Epstein records released by Courier 

2. Falling Upward: The Surprising Survival of Larry Summers, Robert Kuttner, The American Prospect (7/13/2020)

3. Investigation at Yale Law School, Dahlia Lithwick & Susan Matthews, Slate (10/5/2018)

4. Report on Sexual Harassment at Yale, Yale Law Women Board (10/2020)

Watch this episode on YouTube here: https://youtu.be/2NX71EJ8nJc

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

Kate and Leah run through the latest legal news, including updates on the SNAP benefits case, the email dump that revealed Jeffrey Epstein's deep ties to the establishment, and the political persecution of Representative LaMonica McIver. Then they catch up on the past couple weeks of oral arguments at the Supreme Court, which featured bad signs for a prisoner seeking damages after a flagrant violation of his religious rights, some relaxing detours into civil procedure, and Brett Kavanaugh’s deeply felt sense of injustice over…lawsuits against military contractors.

Favorite Things:

• Leah: Broken Country, Clare Leslie Hall; Wild Dark Shore, Charlotte McConaghy; First Lie Wins; Dopamine, Robyn; Joyce Carol Oates on X; In Matt Gaetz Scandal, Circumstances Left Teen Vulnerable to Exploitation, Michael S. Schmidt (NYT)
• Kate: The Preventionist (Serial, NYT); Everybody Scream, Florence + The Machine; The Long Christmas Dinner, Symphony Space; A Year On From Trump’s Victory, Resistance Is Everywhere, Rebecca Solnit (Guardian)

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

• 3/6/26 – San Francisco
• 3/7/26 – Los Angeles

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

Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

After a predictably unpredictable set of detours through Latin grammar, parenthing philosophies, and 90s video games, we catch up on the latest shadow (interim?) docket activity and recap the oral argument in the tariffs cases. 

Dahlia Lithwick welcomes retired federal judge Mark Wolf for his first ever podcast interview. The Reagan-appointed jurist made headlines last week with his searing indictment of the threat posed to the rule of law and democracy by the current administration. Judge Wolf opens up about his decision to leave the bench after decades of public service and the challenges faced by judges in the face of a president and a Justice Department showing scant regard for the rules. 

Next, Dahlia is joined by California Attorney General Rob Bonta, who tells her, “If Trump breaks the law and hurts our state, we sue him.” Together, they discuss the urgency of justice in response to the tactics employed by the Trump administration. As Democratic AGs band together to sue against unlawful executive actions, Bonta explains their strategies in securing injunctions against the administration. 

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

OA1207 - We record a late-breaking reaction to the recent massive round of documents released from Jeffrey Epstein's estate and discuss how Trump may have just reached his most impeachable moment so far. Matt then shares some incredible news about how the end of Chevron deference has allowed federal judges to frustrate the administration's detention and deportation policies, and Jenessa gets into a lawsuit which challenges RFK Jr's replacement of the CDC’s vaccine advisory board with people who don't advise vaccines. Finally, a footgoat [sic] on how one woman’s quest to keep an unusual pet in Wyoming is running cover for some of the worst people on Earth. 

1. Google Drive link to House Oversight Committee's release of documents from the Epstein estate (11/12/25)

2. Massachusetts federal court's class certification in Guerrero Orellana

3. Matter of Yajure-Hurtado 26 I&N Dec. 2016 (BIA 9/5/25)

4. Complaint in Bontadelli v. City of Powell (D.WY 11/4/25)

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

Kat Abughazaleh spent years reporting on right-wing media and movements, and she is now running to represent Illinois's 9th District in Congress on an explicitly anti-authoritarian platform. Kat joins to talk about her uniquely candid platform and community-based campaign, the state of the Democratic Party, how ICE is terrorizing Chicago during the most intensive urban immigration enforcement operation in US history, and much more.

1. Kat Abughazalah's campaign page

2. Kat Abughazaleh's author page at Media Matters for America

The economy, trillions of dollars, and consequences unknown are on the line in the tarrifs case, Learning Resources v. Trump.  We present the justices and the advocates in their own voices from the oral argument, and Akhil reacts in real time as he hears the clips for the first time.  It’s a three hour argument, so this is the first of a two-parter.  The Court’s recent doctrines, including major questions and non-delegation are in play, perhaps, and therefore many are watching this case closely for consistency vs politics in the Court itself.  And of course there’s history and constitutional issues at stake, so we are right at home.  Join us! CLE is available for lawyers and judges from podcast.njsba.com.