Category: 3-LawSometimeCommentary

Troops on America's streets, threats of “plenary powers”, and extrajudicial killings in the Caribbean have prompted members of the military past and present to say that we are in the biggest civil/military crisis since the Civil War. On this week's Amicus, how SCOTUS' immunity decision in Trump v. United States helped deliver us to this scary moment. Dahlia Lithwick speaks to Yale Law School military justice expert Eugene Fidell and former JAG Maj. General Steven J. Lepper about the impossible position the military's been put in by Trump and SCOTUS and how bad that is for all of us. The Crisis in Uniform: The Danger of Presidential Immunity for the U.S. Military.

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OA1197 - The National Guard is being federalized and sent into cities that the President doesn’t like against the explicit will of state governors and local populations. Matt covers as much as we know from the legal developments around this ongoing national emergency, and Jenessa shares some good news which is already coming out of NY’s recent recently-enhanced equal protection amendment. Finally, in today’s footnote: how do you ticket a car from a moving violation when no one is driving it?

NOTE: since the time of this recording, a federal judge has found that the Trump administration’s stated reasons for deploying federal troops in Chicago are “simply unreliable” and blocked the deployment of the National Guard. More next week on this vital story.

1. “Department of Defense Security For the Protection of Homeland Security Functions,” The White House (June 7, 2025) 

2. Affidavit of Portland Police Bureau Assistant Chief of Operations Craig Dobson, filed 9/29/2025

3. Judge Immergut’s injunction in Trump v. Oregon dated 10/4/2025

4. 9th Circuit’s order staying Judge Breyer’s injunction dated 6/19/2025

5. Memo from Secretary of Defense Pete Hegseth dated 9/28/2025

6. ”For Trump Administration, Fighting Crime Takes a Backseat to Immigration Arrests,” The Marshall Project, Beth Schwarzapfel (10/4/2025)

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We welcome CNN anchor Jake Tapper to discuss his latest book Race Against Terror, a nonfiction legal thriller set in the long-ago world of 2011 in which the U.S. Department of Justice is dedicated to vigorously defending national security through strict adherence to due process and the rule of law. Also discussed: the current state of the media, why the world needed a book about Joe Biden’s mental decline which was released within days of Donald Trump being sworn in for his second term, and why Jake is no longer on speaking terms with the surviving members of Lynyrd Skynyrd.

Check out Jake’s latest book Race Against Terror, out this week anywhere you buy or listen to books!

You can watch this episode on YouTube, too!

1. Race Against Terror: Chasing an Al Qaeda Killer at the Dawn of the Forever War, Jake Tapper (2025)

2. Original Sin: President Biden's Decline, Its Cover-Up, and His Disastrous Choice to Run Again, Jake Tapper (2025)

3. Lynyrd Skynyrd’s Uncivil War, VH1 (2002)(hosted by Jake Tapper)

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

Tarrifs may be Trump’s favorite word, but it remains to be seen if he has the authority he claims to employ them.  The Supreme Court will hear oral arguments in November, and ahead of this, Professor Amar takes you inside the argument.  He offers the history and takes us through an originalist approach, a textual approach, a structural approach, a precedential approach, and presents the case as an advocate might.  Listen to a possible amicus brief in the making; a potential opening argument in outline and in any case, arm yourself with an understanding of the issues in this conceivably momentous case.  CLE credit is available for lawyers and judges from podcast.njsba.com.

OA1196 - This week in our continuing Still Good Law series, Matt and Jenessa take on the 1963 Supreme Court case which is still believed to hold the record for angering the most Americans at the same time: 1963’s Engel v. Vitale. Find out why a decision which even the Warren Court’s conservative justices did not see as particularly controversial to keep New York school administrators from publicly making one 22-word statement to students every morning kicked off a firestorm which is still at the heart of the American culture wars.

1. Engel v. Vitale , 370 U.S. 421 (1963)

2. Engel v. Vitale (New York Supreme Court, 1960)

3. Everson v. Board of Education, 330 U.S. 1 (1947)

4. Massachusetts General Law - Part IV, Title I, Chapter 272, Section 36 (Blasphemy statute)

5. GOD, CIVIC VIRTUE, AND THE AMERICAN WAY: RECONSTRUCTING ENGEL, Corinna Barrett Lain, Stanford Law Review (2015)

Kate, Leah, and Melissa preview what fresh hell SCOTUS has in store for us this term, including challenges to the Fourteenth Amendment and the Court’s continued obsession with fighting the culture wars. Then, after breaking down the latest legal news, the hosts welcome Lieutenant Governor of Illinois–and Senate candidate–Juliana Stratton to discuss Trump’s plan to deploy the National Guard to Chicago, how state and local governments can push back against this administration, and what gives her hope in this fight. Finally, a game to commemorate Chief Justice Roberts’ 20 long years on the Court. This episode was recorded live at the Athenaeum Center in Chicago.

Favorite things:

• Leah: Bone Valley: A True Story of Injustice and Redemption in the Heart of Florida, Gilbert King; Without Precedent: How Chief Justice Roberts and His Accomplices Rewrote the Constitution and Dismantled Our Rights, Lisa Graves; One Battle After Another; The Life of a Showgirl, Taylor Swift
• Kate: WBEZ Chicago; Block Club Chicago; Chicago Reader; The Chicago Sun-Times on Broadview; Heart the Lover, Lily King
• Melissa: Ta-Nehisi Coates and Ezra Klein Hash Out Their Charlie Kirk Disagreement; Tony Shalhoub’s Breaking Bread (CNN); Mexodus (Audible’s Minett a Lane Theater); Meghan Markle in Balenciaga

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

Get tickets to CROOKED CON November 6-7 in Washington, D.C at http://crookedcon.com

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Slate’s Dahlia Lithwick and Mark Joseph Stern are joined by Vox’s Ian Millhiser to discuss the upcoming Supreme Court term, which officially starts on Monday. The term begins with a slew of wildly significant cases that feel all but decided in the Trump administration’s favor already. That feeling of inevitability could perhaps be ascribed to the ongoing assault on democracy coming from the high court’s shadow docket, which will now spill over into cases argued on the merits. Dahlia, Mark, and Ian examine the effect of all this sloppy law on the public's perception of the court, and look ahead to upcoming cases on voting rights, campaign finance, conversion therapy, transgender rights, tariffs, and presidential power. They explore how the court's decisions reflect a shift towards a more partisan and less transparent judicial process, and ask whether there’s any hope of restoring the rule of law and healthy constitutional democracy in the future. 

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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For the season finale, we're joined by Yale law professor Justin Driver to talk about his new book, "The Fall of Affirmative Action: Race, the Supreme Court, and the Future of Higher Education." We discuss the conservative cases for and against affirmative action, the post-SFFA world of university admissions, the promise and limits of colorblindness, and the effects of admissions policies on students' sense of belonging.

OA1195 - How much of the federal government has actually shut down, and why? We explore the truth behind the spin, and Matt breaks the exclusive story of how at least one part of the executive branch appears to be illegally operating at full capacity.

We then then connect some of the most fast-moving stories of the past few weeks to bring out the terrifying relationship between the obvious legal issues around the Trump administration’s threats to invade Venezuela, underreported executive actions on “Antifa” and “domestic terrorism” and their broad potential consequences, and the Trump’s recent threat to use US cities as “training grounds” for US troops.

Then: good news! Jenessa shares a win on voting rights out of Pennsylvania, and Matt celebrates a resounding victory for the free speech rights of non-citizen students like Rumeysa Ozturk and Mahmoud Khalil from a Reagan-appointed federal judge. Finally, today’s footnote confirms that the Wu Tang Clan is as a matter of law indeed nothing to fuck with.

1. “Stephen Miller takes leading role in strikes on alleged Venezuelan drug boats,” The Guardian (9/29/2025)

2. “Designating Cartels And Other Organizations As Foreign Terrorist Organizations And Specially Designated Global Terrorists” – The White House  (1/20/2025)

3. “Invocation of the Alien Enemies Act Regarding the Invasion of The United States by Tren De Aragua” – The White House (3/15/2025)

4. “Designating Antifa as a Domestic Terrorist Organization” – The White House (9/22/2025)

5. “Countering Domestic Terrorism and Organized Political Violence,” The White House (9/25/2025)

6. Boston senior federal judge William Young’s order in AAUP v. Rubio (9/30/2025)

7. Memorandum & Order Granting and denying parts of Martin Shkreli’s motion to dismiss in  PleasrDAO v. Shkreli (9/25/2025):

Professor Amar visits cities that are in the constitutional news these days:  Portland, where the military pays an uninvited visit; Salt Lake City, where gunfire continues this year’s alarming litany of political assassination also seen in Minnesota and elsewhere.  Akhil’s epic trilogy, with Born Equal now taking its place as the second volume, speaks to how our history shows us the constitutional principles at work - or not at work - in these and other happenings in our nation.  And he speaks of New Haven, where work has been and is still done that enables these lessons to be told. All this takes place during a live podcast taping at the Yale Club of New York City, with a live and lively audience that treats us, and you, to their questions and comments. CLE credit is available for lawyers and judges from podcast.njsba.com.