In an exhausting week, the Court released a number of long-awaited cases, and we had a consequential presidential debate. We look at several cases that many believe have profound implications for the administrative state; the opinions in SEC v. Jarkesy, and Loper Bright v. Raimondo clearly have the effect of increasing the role of courts and juries, among other things. We look at the opinions, the underlying themes, and the impact. Meanwhile, following the debate, questions of presidential succession of several types, and of the vice president, are everywhere; these happen to be areas of Prof. Amar’s expertise, and so we address them. NOTE: The Presidential Immunity case, Trump v. US, came down after we taped this episode; we have some early but important resources for you on this as well. CLE credit is available from podcast.njsba.com.
Amicus With Dahlia Lithwick | Law, justice, and the courts - Opinionpalooza: The Supreme Court Puts Presidents Above the Law (Preview)
The Supreme Court’s conservative majority rounded out the term by gifting massive unprecedented power to commit criminal wrongdoing to presidents. A court that already put a thumb on the scale for former President Donald J Trump by slow talking and slow walking the immunity case in exactly the way he hoped, has now thrown out the scale in favor of a brand new sweeping, monarchic immunity ruling in favor of the former president and any future insurrection-prone presidents. Trump v United States provides that US Presidents may enjoy wide-ranging immunity from criminal prosecution because coups are constitutional as long as you make them official. This episode delves into the decision’s implications for democracy, and for presidential power, while also providing historical context. We also look ahead to the legal battles looming in the various Trump trials at all their various stages. What does this do to the Georgia indictments? The classified documents case? And the felony counts for which Trump will be sentenced next week? Host Dahlia Lithwick is joined by Slate’s Mark Joseph Stern, senior writer on the courts and the law, and Professor Corey Brettshnieder, who teaches constitutional law and political theory at Brown University and is the author of the new book The Presidents and the People: Five Leaders Who Threatened Democracy and the Citizens Who Fought to Defend It.
This is part of Opinionpalooza, Slate’s coverage of the major decisions from the Supreme Court this June. We kicked things off this year by explaining How Originalism Ate the Law. The best way to support our work is by joining Slate Plus. (If you are already a member, consider a donation or merch!)
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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Amicus With Dahlia Lithwick | Law, justice, and the courts - Opinionpalooza: The Supreme Court Puts Presidents Above the Law (Preview)
The Supreme Court’s conservative majority rounded out the term by gifting massive unprecedented power to commit criminal wrongdoing to presidents. A court that already put a thumb on the scale for former President Donald J Trump by slow talking and slow walking the immunity case in exactly the way he hoped, has now thrown out the scale in favor of a brand new sweeping, monarchic immunity ruling in favor of the former president and any future insurrection-prone presidents. Trump v United States provides that US Presidents may enjoy wide-ranging immunity from criminal prosecution because coups are constitutional as long as you make them official. This episode delves into the decision’s implications for democracy, and for presidential power, while also providing historical context. We also look ahead to the legal battles looming in the various Trump trials at all their various stages. What does this do to the Georgia indictments? The classified documents case? And the felony counts for which Trump will be sentenced next week? Host Dahlia Lithwick is joined by Slate’s Mark Joseph Stern, senior writer on the courts and the law, and Professor Corey Brettshnieder, who teaches constitutional law and political theory at Brown University and is the author of the new book The Presidents and the People: Five Leaders Who Threatened Democracy and the Citizens Who Fought to Defend It.
This is part of Opinionpalooza, Slate’s coverage of the major decisions from the Supreme Court this June. We kicked things off this year by explaining How Originalism Ate the Law. The best way to support our work is by joining Slate Plus. (If you are already a member, consider a donation or merch!)
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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Strict Scrutiny - SCOTUS Hands Trump Presidential Immunity
It’s the last decision day of the year, and SCOTUS goes out with a bang. Kate, Leah, and Melissa unpack the frankly terrifying decision granting Trump immunity for “official acts” taken as president. As if that’s not enough, the court takes further steps to hobble the administrative state, which will have serious consequences for the functioning of the federal government.
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
Divided Argument - Hope Springs Eternal
We break down SEC v. Jarkesy and City of Grants Pass v. Johnson.
Strict Scrutiny - The Supreme Court Makes Its Biggest Power Grab in a Generation
Leah, Melissa and Kate try to wrap their heads around SCOTUS throwing away 40 years of precedent that allowed federal agencies (and the experts who work for them) to interpret ambiguous laws, not the judiciary. The court also made it easier to criminalize homelessness and harder to charge hundreds of January 6th insurrectionists. A tough day on 1 First Street, to say the least.
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
Amicus With Dahlia Lithwick | Law, justice, and the courts - Opinionpalooza: The Day SCOTUS Became President
While most everyone was reacting to Thursday’s Presidential debate, we had our eyes trained on the Supreme Court. It was again (surprise!) bad. SCOTUS determined that sleeping outside was illegal in Grants Pass v Johnson. They limited the scope by which insurrectionists could be charged for their actions on January 6, 2021 in Fischer v United States. The unelected robed leaders then laid a finishing blow in Loper Bright Enterprises v Raimondo, overturning the decades-long guidance of the longstanding Chevron doctrine and upending the ways in which government agencies can regulate the things they regulate like; clean air, water, firearms your retirement account and oh, medical care.
This term has signaled something especially troubling. While you can certainly be concerned about Trump or Biden being president once again, you should be more worried about how the justices at the Supreme Court have basically made themselves the end-all-be-all of every legislative matter, regardless who wins presidential contests. It should also come as no surprise who will benefit from these decisions (rich people with yachts).
Host Dahlia Lithwick speaks with Slate’s Mark Joseph Stern and Professor Pam Karlan, co-director of Stanford law school’s Supreme Court Litigation Clinic to go over Friday’s rulings and to break down what it means that federal agencies will no longer be able to, you know, do anything reasonable.
Listen to an interview with a doctor helping unhoused people in Grants Pass, OR.
This is part of Opinionpalooza, Slate’s coverage of the major decisions from the Supreme Court this June. We kicked things off this year by explaining How Originalism Ate the Law. The best way to support our work is by joining Slate Plus. (If you are already a member, consider a donation or merch!)
Want more Amicus? Subscribe to Slate Plus to immediately unlock exclusive SCOTUS analysis and weekly extended episodes. Plus, you’ll 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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Opening Arguments - I… Hate the Supreme… COURT!
OA1045
As the Supreme Court gives itself an extension on its homework, we review two of its most recent completed assignments:
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Department of State v. Munoz (6/21/2024) What rights do US citizens have to object to the arbitrary denial of a spouse’s immigrant visa? Matt explains the arbitrary perils of the consular visa processing system and Amy Coney Barrett’s dangerously misguided search for deeply rooted history and tradition in an immigration system deeply rooted in white supremacy. We also discuss Justice Sotomayor’s warning in dissent about
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Snyder v. U.S. (6/26/24): In fantastic news for anyone looking to give or receive a bribe, a 6-3 conservative majority has effectively read any penalties for paying a public official off after they have given you what you wanted out of federal law. Brett Kavanaugh reminds us what he was put there for by mischaracterizing the facts, finding entirely new meanings for the word “rewarded,” and worrying way too much about soccer moms inducing violations of 18 USC 666 with gift cards and edible arrangements.
We close out with a quick review of Steve Bannon’s desperate attempts to stay out of prison, and the concerning commitments House Republicans have recently made to stand behind his argument that the entire January 6th committee was invalid.
Finally for PATRONS ONLY: we read and discuss the best bits of Justice Jackson's very good Snyder dissent!
If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!
Strict Scrutiny - SCOTUS Dodges the Question of Emergency Abortions
After accidentally uploading the decision in the EMTALA case, the Supreme Court released it for real today. Leah is joined by Fatima Goss-Graves, Chris Geidner, and Amanda Hollis-Brusky to analyze the Court’s “refusal to declare what the law requires,” as KBJ put it in her dissent. Plus, Leah, Chris, and Amanda break down today’s opinions in cases about the administrative state, breathing clean air, and big pharma.
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
Amicus With Dahlia Lithwick | Law, justice, and the courts - Opinionpalooza: SCOTUS and MAGA’s Shared Vision For Government Comes Into View
What’s this? A bonus Opinionpalooza episode for one and all? That’s right! The hits just keep coming from SCOTUS this week, and two big decisions landed Thursday that might easily get lost in the mix: Ohio v EPA and SEC v Jarkesy. Both cases shine a light on the conservative legal movement (and their billionaire funders’) long game against administrative agencies. In Ohio v EPA, the Court struck down the EPA’s Good Neighbor Rule, making it harder for the agency to regulate interstate ozone pollution. This decision split along ideological lines, and is part of a stealthy dismantling of the administrative state. SEC v Jarkesy severely hinders the agency’s ability to enforce actions against securities fraud without federal court involvement, and the decision will affect many other agencies. In her dissent, Justice Sonia Sotomayor pointed out how this power grab by the court disrupts Congress's ability to delegate authority effectively. Project 2025 just got a jump start at SCOTUS, and we have two more big administrative cases yet to come, the so-called Chevron cases: Loper Bright v Raimondo and Relentless, Inc. v Department of Commerce. This is shaping up to be a good term for billionaires and a court apparently hungry to expand its power. Dahlia Lithwick is joined by Slate’s own Mark Joseph Stern (of course) and they are saved from any regulatory confusion by environmental and administrative law all-star, Lisa Heinzerling, the Justice William J. Brennan, Jr., Professor of Law at the Georgetown University Law Center, who served in the EPA under President Obama.
This is part of Opinionpalooza, Slate’s coverage of the major decisions from the Supreme Court this June. We kicked things off this year by explaining How Originalism Ate the Law. The best way to support our work is by joining Slate Plus. (If you are already a member, consider a donation or merch!)
Want more Amicus? Subscribe to Slate Plus to immediately unlock exclusive SCOTUS analysis and weekly extended episodes. Plus, you’ll 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.
Learn more about your ad choices. Visit megaphone.fm/adchoices