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We’re back, and still waiting for the opinion in Trump v. Anderson, which gives us a chance to highlight important new evidence that has come to light - thanks in large part to Professor Amar’s great law student team. It fatally undermines what seemed likely to be the reasoning the opinion was going to take. Will it matter? This is related to the role amici play in the Court ecosystem, and we look at how another case we had a brief in, Moore v. US, seemed to be possibly influenced by our brief by beginning our long-promised clip-based analysis of that oral argument. So a whole lot in a compact episode. CLE is available from podcast.njsba.com.
Looks like we have to add a new segment to the show: Fetal Personhood Watch. Leah, Melissa, and Kate break down the decision from the Alabama Supreme Court that ruled frozen embryos used in IVF treatment are "extrauterine children." They also recap the oral arguments the US Supreme Court heard last week, including a bonkers case about EPA regulations. And then, for a special Court Culture segment, Sherrilyn Ifill joins the pod to talk about launching a new center about the Fourteenth Amendment at Howard University School of Law.
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For the time being, any profit over and above the costs of operating the show, will go towards repair and accountability.
Dahlia Lithwick is drinking from the firehose of legal news again and this week is joined by election law professor Rick Hasen to figure out why we’re all still hanging on for the Supreme Court to make a call in former President Donald J Trump’s sweeping claim to immunity from prosecution over the events of January 6th, how Americans could actually achieve a real right to vote, and why no-one’s paying attention to a pair of incredibly consequential social media cases being argued at SCOTUS next week.
In our Slate Plus segment, Dahlia and Slate’s own Mark Joseph Stern discuss the bonkers but very very real implications of the Alabama Supreme Court decision to bestow personhood on embryos being used in fertility treatment, creating an impossible legal landscape for clinics and those struggling to become pregnant. Next, they sift through Justice Samuel Alito’s grievance debris in a recent dissent to find the deeply worrying signposts toward overturning equal marriage rights. Finally, the Pennsylvania Supreme Court pleads with SCOTUS to clear up the mess it made of gun laws with its decision in Bruen.
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If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law!
For the time being, any profit over and above the costs of operating the show, will go towards repair and accountability.
If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law!
For the time being, any profit over and above the costs of operating the show, will go towards repair and accountability.
If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law!
For the time being, any profit over and above the costs of operating the show, will go towards repair and accountability.
If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law!
For the time being, any profit over and above the costs of operating the show, will go towards repair and accountability.
Kate, Melissa, and Leah preview the cases the Supreme Court will hear this week, explain the latest news in the Trump criminal cases, and survey the significant decisions happening in lower courts.
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!
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