Category: 3-LawSometimeCommentary

Business as usual at the Supreme Court is the institutional response to the unusual business of Justice Samuel Alito’s letter writing about his flag-flying wife. In this bonus episode for Slate Plus members, Dahlia Lithwick and Mark Joseph Stern knit together the yarns of jurisprudence with injudicious symbolic support for insurrection and christian nationalism - so you don’t get lost in this tangle. As the justices hand down cases and turn down congressional requests for recusal, Dahlia and Mark trace the link between bending the facts and discarding the record to suit Justice Alito’s narrative in his opinions, in his non application of the ethics code, and in his lack of humility in the flag fiasco.

This episode is member-exclusive. Listen to it now by subscribing to Slate Plus. By joining, not only will you unlock exclusive SCOTUS analysis and weekly extended episodes of Amicus, but you’ll also access ad-free listening across all your favorite Slate podcasts. Subscribe today on Apple Podcasts by clicking “Try Free” at the top of our show page. Or, visit slate.com/amicusplus to get access wherever you listen.

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A jury of Donald Trump's peers finds him guilty on all 34 counts in the Manhattan election interference trial. Melissa joins Pod Save America  to talk about next steps for sentencing and possible appeal. Plus, CNN Legal Analyst Norm Eisen shares what it was like in the courtroom when the verdict came down, and Jon and Dan talk about the political fallout and which voters the conviction might sway.

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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After six weeks of arguments and testimony and a little under 12 hours of deliberation, a Manhattan jury voted to convict former President Trump of 34 felony counts in his hush money trial. Dahlia Lithwick is joined by Slate’s jurisprudence editor Jeremy Stahl, who was in court for the historic guilty verdict and has followed the case over the past six weeks, to talk about how the verdict was reached, what comes next, and why the former President is unlikely to be headed to jail any time soon.

Sign up for Slate Plus now to listen and support our show.

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OA1037

THE JURY IS IN! Opening Arguments is coming at you LIVE AND UNEDITED today as we react in realtime to the announcement of the verdict in People v. Trump--conveniently timed for exactly the time that we had already planned to record this week! We also take a look at the lengthy closing arguments from both sides and Matt answers patron questions about some of New York’s more unusual trial practices before getting into what we can expect next.

We finish out the fun with Thomas’s dramatic reading of Samuel Alito’s indignant, mendacious, and entirely unsolicited response to the Senate Judiciary Committee’s demands to speak with the Supreme Court’s manager and take a moment to appreciate his full-throated defense of a woman’s absolute right to choose (flags). 

• Jury instructions in People v. Trump

• People v. Owens, 69 N.Y.2d 585 (1987)(providing jury with written excerpt of jury instructions was reversible error)

• Alito’s letter to Senators Dick Durbin and Sheldon Whitehouse dated May 29, 2024

On May 23, 2024, the Supreme Court issued its ruling in Coinbase, Inc. v. Suski. At issue was whether a court or an arbitrator must decide which contract governs where parties have agreed to two contracts — one sending arbitrability disputes to arbitration, and the other either explicitly or implicitly sending arbitrability disputes to the courts.

Join us to hear Professor Tamar Meshel break down the decision and discuss its potential ramifications

Featuring:
Prof. Tamar Meshel, Associate Professor, University of Alberta Faculty of Law

Heather is back for another bar question! Yay! Except... it's real property... NOOOOO We only do the question on this one, since we did both the Q and A last time. So, this is just a short little uncharged episode to get us back on track. It also allows me to catch up on Patron thanks!

Note: two new Gavel Gavels are out, with more coming very, very soon!

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

The nation has been riled by campus unrest surrounding events in the Middle East.  Terms like “freedom of speech,” “academic freedom,” “right to protest,” “conduct vs. speech,” and issues of hate speech, offensive speech, safety, and more have arisen.  We start our look at this situation where we always begin: with the Constitution.  This episode aims to lay out the history, background, constitutional provisions, interpretations, cases, and overall approach to these matters, so we can then look at what is actually happening and be in a position to offer opinions and possible prescriptions. CLE credit is available after listening by visiting podcast.njsba.com.

OA1036

Two great stories for you today - following OA1034 on how much Alito sucks, the Law Dork himself, Chris Geidner, is on to discuss the flag habits of Samuel Alito, as well as the exclusive story he broke regarding Alito’s stock activity immediately after Libs of TikTok called for a boycott against Bud Light because…transphobia. After we vent about Alito for a bit, Chris walks us through what an Alabama judge threatened to do to a group of LGBTQ+ lawyers and it’s even worse than you could imagine. Be sure to follow Chris (@chrisgeidner/@chrisgeidner.bsky.social) and subscribe to his Substack to support independent legal journalism!

• Law Dork's coverage of Judge Liles Burke's orders out of the US District Court for the Northern District of Alabama

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

There are more red flags flying from House Alito! Plus, that same guy authored an opinion in a major voting discrimination case, and somehow it's worse than expected. Plus, Melissa and Kate talk with Shefali Luthra about her important new book, Undue Burden: Life and Death Decisions in Post-Roe America.

• New merch alert!! Our new t-shirts and mugs are just thing for the hellscape to come in the final weeks of the SCOTUS term.
• Order Undue Burden at Bookshop.org and get 10% off

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

T3BE 25

I am pleased to introduce you all to Heather Varanini! In her role as Director of Academic Achievement, Heather spends her days helping students succeed in law school and prepare for the Bar. She's onboard to serve as the Official Opening Arguments Bar Tutor and teach us a lot along the way! In this episode we'll hear more about her journey and the values that she brings to her work; for this week, we do a full Bar Question and Answer to give a sense of what we're in for with her! The traditional staggered Q&A will commence next time!