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Amicus With Dahlia Lithwick | Law, justice, and the courts
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Amicus With Dahlia Lithwick | Law, justice, and the courts

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A show about the law and the nine Supreme Court justices who interpret it for the rest of America.


Want more Amicus? Join Slate Plus to unlock weekly member-exclusive episodes from Dahlia. Plus, you’ll access ad-free listening across all your favorite Slate podcasts. Subscribe now 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.

341 Episodes
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What do you call a case where there’s no standing and yet the lawsuit is still standing? FDA v Alliance for Hippocratic Medicine AKA the mifepristone case, AKA the case that tried to raise a zombie law from the dead, and will now continue to roam the lower courts in search of a national abortion ban.  While the Comstock Act was not mentioned in the US Supreme Court’s unanimous decision to maintain the legal status quo on abortion pills, the overton window just got wedged open a little wider. In this Opinionpalooza extra episode of Amicus, Dahlia Lithwick and Mark Joseph Stern discuss SCOTUS’ abortion pill decision in depth and explore the consequences of a case that was doomed to fail before even this Supreme Court, but is also doomed to return to haunt us. 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. Learn more about your ad choices. Visit megaphone.fm/adchoices
Over the past 15 years, the journalist and author Katherine Stewart has been charting the rise of Christian Nationalism in the United States. On this week’s Amicus, Stewart joins Dahlia Lithwick and Rachel Laser of Americans United for Separation of Church and State to discuss the worrying signs of the growing power of extremist christian ideologies at the highest court in the land. Together, they trace shifts in jurisprudence that have emboldened and empowered some of the most extreme fringes of the extreme Christian right, and explain how the changing legal landscape is enabling right wing religious fever dreams to become explicit policy in a document like Project 2025. They all agree on this one thing: This is an episode about much more than flags.  Learn more about your ad choices. Visit megaphone.fm/adchoices
As a jury in Lower Manhattan responded with “guilty” to all 34 felony counts in former President and presumptive GOP presidential nominee Donald J. Trump’s hush money trial on Thursday, dozens and dozens more questions began to swirl. Will Trump appeal? On what grounds? Will Justice Juan Merchan sentence Trump to jail time? Will the US Supreme Court intervene? Is the gag order still active and in place? Luckily, we have the perfect guest on Amicus to answer all those questions to the extent that it is humanly and expert lawyerly possible. Ryan Goodman is the Anne and Joel Ehrenkranz Professor of Law at New York University School of Law. He served as special counsel to the general counsel of the Department of Defense (2015-16). He is also the founding co-editor-in-chief of the national security online forum, Just Security, a vital resource if you are trying to follow the many trials and appeals of Donald J Trump. 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
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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Learn more about your ad choices. Visit megaphone.fm/adchoices
As we stand poised at the threshold of June, we brace ourselves for the fire hose of opinions headed our way in the next four or so weeks.  But why? Why –even as the Court is taking on fewer cases – is there an absolute dogpile of decisions, with no map for what will come down or when, beyond a SCOTUS-adjacent cottage industry in soothsaying and advance-panic and guessing? Dahlia Lithwick takes us through a whirlwind of Supreme Court decisions and controversies, expertly assisted by Professor Steve Vladeck (whose New York Times bestseller The Shadow Docket came out in paperback this week) and Mark Joseph Stern in untangling the complex web of legal, political, and personal dramas enveloping the nation's highest court. From Justice Alito's flag-flying fiasco, to the forces shaping the court’s docket, to its divisive rulings, this episode could well be titled “Why Are They Like This?” As the court's term hurtles towards its frenetic close, Dahlia and her guests dissect the legal and ethical ramifications of the justices' actions, both on and off the bench. Tune in to this must-listen episode of Amicus for an eye-opening exploration of the Supreme Court's turbulent session, the ideological battles at play, and what it all could mean for the fundamental principles of democracy and the rule of law. Whether you're a legal aficionado or simply concerned about the direction of the country, this episode is the end-of-term preview you really need to understand what the heck is happening over the next few weeks.  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
In this Opinionpalooza emergency bonus episode, Dahlia Lithwick and Mark Joseph Stern discuss Thursday’s decision in Alexander v. South Carolina NAACP, highlighting the implications for racial gerrymandering and voting rights. They delve into Justice Alito's majority opinion, Justice Kagan's dissent, and Justice Thomas's concurrence. This decision would seem to effectively close the door permanently on racial gerrymander claims in federal courts. Dahlia and Mark discuss how this decision makes justice - and democracy - inaccessible for plaintiffs already shut out of the political system through racist maps with political excuses. In recent years, the Supreme Court has gutted the Voting Rights Act and now seems intent on hollowing out equal protection and diluting the reconstruction amendments; the constitutional provisions central to building a thriving diverse democracy. 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. Learn more about your ad choices. Visit megaphone.fm/adchoices
In the third and final part of our How Originalism Ate the Law series, Dahlia Lithwick and Mark Joseph Stern are joined by Justice Todd Eddins of the Hawaii Supreme Court and Madiba Dennie, author of The Originalism Trap. Being trapped by originalism is a choice, one that judges, lawyers, and the American people do not have to accede to. Our expert panel offers ideas and action points for pushing back against a mode of constitutional interpretation that has had deadly consequences. And they answer questions from our listeners.  Learn more about your ad choices. Visit megaphone.fm/adchoices
Alito’s Stars and Gripes

Alito’s Stars and Gripes

2024-05-1801:00:461

Justice Samuel Alito’s wife didn’t attend the January 6th 2021 “Stop the Steal” rally (unlike fellow SCOTUS spouse Ginni Thomas), but in January 2021, in a leafy Alexandria, Virginia cul-de-sac, the New York Times reports that the Alito household was engaged in a MAGA-infused front yard spat with the neighbors, even as the Justice was deciding  cases regarding that very election at the highest court in the land. Justice Alito told the New York Times his wife was responsible for the upside down stars and stripes flying from their flagpole and that it was in retaliation for an an anti-Trump sign.    It’s unseemly. Undoubtedly unethical. But this intra-suburban squabble, and the very clear implications it has for a public already aware of the Supreme Court’s dwindling legitimacy, is unlikely to evoke shame, amends, or recusal from Justice Alito. On this week’s Amicus, American legal exceptionalism sliced three ways: Dahlia Lithwick on the Justice and the Flag, Slate’s jurisprudence editor Jeremy Stahl on how Donald J. Trump’s  criminal hush money trial ends, and Congressman Jamie Raskin on concrete steps to supreme court reform, how to get back the rights the Supreme Court has taken away, and what a binding ethics code would look like.  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
Get your tickets for Amicus Live in Washington DC here.  In the second part of our series on Amicus and at Slate.com, Dahlia Lithwick and Mark Joseph Stern are back on the originalism beat. This week they’re trying to understand the mechanisms of what Professor Saul Cornell calls “the originalism industrial complex” and how those mechanisms plug into the highest court in the land. They’re also asking how and why liberals failed to find an effective answer to originalism, even as the various “originalist” ways of deciding who’s history counts, what constitutional law counts, which people count, were supercharged by Trump’s SCOTUS picks. Madiba Dennie, author of The Originalism Trap, highlights how the Supreme Court turned to originalism to gut voting rights. In 2022, the US Supreme Court’s originalism binge ran roughshod over precedent and unleashed Dobbs and Bruen on the American people - Mark and Dahlia talk to a state Supreme Court justice about what it’s like trying to apply the law amid these constitutional earthquakes.  In today’s Slate Plus bonus episode, Dahlia talks to AJ Jacobs about his year of living constitutionally, and she confesses to an attempt to smuggle contraband into One, First Street.  Sign up for Slate Plus now to listen and support our show.  Learn more about your ad choices. Visit megaphone.fm/adchoices
Get your tickets for Amicus Live in Washington DC here. In this, the first part of a special series on Amicus and at Slate.com, we are lifting the lid on an old-timey sounding method of constitutional interpretation that has unleashed a revolution in our courts, and an assault on our rights. But originalism’s origins are much more recent than you suppose, and its effects much more widespread than the constitutional earthquakes of overturning settled precedent like Roe v Wade or supercharging gun rights as in Heller and Bruen. Originalism’s aftershocks are being felt throughout the courts, the law, politics and our lives, and we haven’t talked about it enough. On this week’s show, Dahlia Lithwick and Mark Joseph Stern explore the history of originalism. They talk to Professor Jack Balkin about its religious valence, and Saul Cornell about originalism’s first major constitutional triumph in Heller. And they’ll tell you how originalism’s first big public outing fell flat, thanks in part to Senator Ted Kennedy’s ability to envision the future, as well as the past. Learn more about your ad choices. Visit megaphone.fm/adchoices
Democracy Dies at SCOTUS

Democracy Dies at SCOTUS

2024-04-2759:094

Get your tickets for Amicus Live in Washington DC here.  This past week (that lasted about a year) at the Supreme Court began badly and only went downhill from there. By Wednesday, justices were trying to set aside the facts of women being airlifted out of states where they can no longer access care to protect their major organs and reproductive future, if that emergency healthcare indicates an abortion - in favor of pondering the spending clause. On Thursday, the shocking reality of the violent storming of the Capitol on January 6th 2021, and former President Trump’s many schemes to overturn the election and stay in power, were relegated to lower-case concerns as opposed to ALL CAPS panic over hypothetical aggressive prosecutors.  On this week’s Amicus, Dahlia Lithwick is joined by leading constitutional scholar and former assistant Professor Pam Karlan of Stanford Law School and a former deputy assistant attorney general in the Civil Rights Division of the United States Department of Justice. Slate’s senior legal writer Mark Joseph Stern also joins the conversation about the MAGA justices flying the flag in arguments in Trump v United States. In today’s bonus episode only for Slate Plus members, Jeremy Stahl gives Dahlia Lithwick a view from inside the courtroom of Donald Trump’s hush money trial.  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. Sign up for Slate Plus now to listen and support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices
Listen to a preview of this urgent extra episode of Amicus. The full episode is available to our Slate Plus members. 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. Wednesday morning, the court heard arguments in Moyle v. United States, the consolidated case tackling what levels of care pregnant patients can be provided in emergency rooms in states with draconian anti-abortion laws.  And on Thursday morning, the High Court will hear Trump v. United States, the case in which the former president - who is currently spending much of his time slouched at the defendant’s table in New York City - will claim a kind of vast sweeping theory of immunity that roughly translates as - “when you’re president, they let you do it. You can do anything”. In an extra episode of Amicus, Dahlia Lithwick and Mark Joseph Stern dig into what happened in the EMTALA arguments Wednesday morning and then look ahead to Thursday’s arguments in the immunity case.  Sign up for Slate Plus now to listen and support our show.  Learn more about your ad choices. Visit megaphone.fm/adchoices
Get your tickets for Amicus Live in Washington DC here.  The first criminal trial of Donald Trump is finally here. This week, hundreds of possible jurors filed through Judge Juan Merchan’s courtroom in lower Manhattan. The selection process was a preview of some of the challenges and pitfalls in the first ever criminal trial of a sitting or former President. On this week’s show, Slate’s senior legal writer Mark Joseph Stern sits down with Slate jurisprudence editor and Chief Law of Trump™ correspondent Jeremy Stahl to discuss what we learned this week, and what we can expect when the trial truly gets underway next week.  In today’s bonus episode only for Slate Plus members, Dahlia Lithwick and Mark Joseph Stern welcome Justice Clarence Thomas back from his long weekend, with a close listen to the January 6th case that was argued before the court on Tuesday. Fischer v United States  is raising more alarm bells about the conservative justices’ posture toward armed insurrection. They also dig into  Justice Elena Kagan’s opinion in a potentially tricky TitleVII case that, miraculously for this court, went pretty well in terms of civil rights protections in the workplace. Listen 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. Learn more about your ad choices. Visit megaphone.fm/adchoices
Get your tickets for Amicus Live in Washington DC on May 14th here. We shouldn’t be surprised that we have to keep saying it, but here we are: the Supreme Court (notably trained as lawyers) will soon make decisions about how doctors (notably trained as doctors) can treat pregnant patients in the emergency room. Moyle v. United States - consolidated with Idaho v. United States - is the result of an Idaho lawsuit challenging EMTALA, a federal law requiring hospitals to do whatever they can to stabilize whoever comes through their ER doors with a medical emergency. Sometimes this requires abortion care, and for a faction of conservative advocates, this cannot stand. Ahead of oral arguments the week after next, we wanted to get a sense of what healthcare looks like for pregnant women experiencing medical emergencies now, and how this case threatens to undermine that care in the future. This week, Dahlia Lithwick speaks with Dr. Dara Kass, an emergency medicine physician, about what EMTALA was built to do, what ER physicians are being asked to do, and what will happen should Idaho prevail in this case. Later in the show, Slate’s Mark Joseph Stern joins to discuss the hullabaloo over when, if, and how Justice Sotomayor should be made to retire and the very gendered work of keeping SCOTUS from going off the rails (any more than it already has). In today’s bonus episode only for Slate Plus members Dahlia and Mark discuss the outrageous ruling that creates (but really, revives) a de facto total ban on abortions in Arizona. They also explain why the EMTALA case from the show isn’t being talked about as much as the recent mifepristone case was. 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. Learn more about your ad choices. Visit megaphone.fm/adchoices
After weeks of the Trump trials (and the run-up to the Trump trials) becoming ever more engrossing spectator sports, both the public and the media may have lost sight of some of the stakes. They also may have lost sight of the truth of what the legal system can actually deliver in terms of protecting democracy from Donald J Trump.  On this week’s Amicus, Dahlia Lithwick is joined by Juliette Kayyem to dissect Trump's impact on legal, national security, and ideological fronts. Kayyem brings her national security expertise to discuss the evolution of Trump's tactics from stochastic terror to direct incitement. Together, they explore the implications for democracy of a presidential campaign where one candidate issues violent threats and tries to intimidate judges. Kayyem lays out in stark terms the kinds of focus and planning needed in the coming months. Juliette Kayyem is a national security expert, Harvard lecturer, CNN analyst, Atlantic contributor, and author of 'The Devil Never Sleeps: Learning to Live in an Age of Disasters.' Avowedly not a lawyer, she approaches America’s political predicament using counter-terrorism approaches to Trump’s movement and preparations for the 2024 elections.  Want more Amicus? Subscribe to Slate Plus to immediately unlock exclusive SCOTUS analysis and weekly bonus 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
It’s not quite red-yarn-on-a-corkboard, but given how often we’ve been thinking about the Republican Attorneys General Association (RAGA) over the years, it may as well be. The group has become a vital component of the conservative legal movement, with pay-to-play access afforded to corporate donors to boot. Despite all the money changing hands and obvious conflicts of interest, few have heard of them - and that’s very intentional. This week we’re joined by Lisa Graves of True North Research to talk about how an organization representing the chief legal officers in half the states in the union has become a national policy juggernaut, pushing legislation and litigation to assist polluters, harm women and LGBTQ families, torment immigrants and even steal elections, all absent any significant oversight or consequences.  In this week’s bonus plus segment, Slate’s very own Mark Joseph Stern joins to discuss coverage of the oral arguments in the mifepristone case (including the hugely significant takeaway most of the analysis missed), and the reasons Neil Gorsuch hates nationwide injunctions.  And finally, following on from last week, thinking about the language we use to describe first trimester abortions. Sign up for Slate Plus now to listen and support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices
Well, it happened again. The hIgHeSt CoUrT will hear arguments Tuesday in a case based on made up facts! This time it’s mifepristone, the abortion drug at the center of Alliance for Hippocratic Medicine v FDA.  The claim was that the FDA approval process (three decades ago), for mifepristone, one of two medication abortion drugs, was haphazard and slapdash.. Alliance for Hippocratic Medicine also argued that the FDA’s 2021 decision to allow telemedicine abortion and mailing of abortion pills violates a 19th-century anti-vice law called the Comstock Act. This week on the show Dahlia Lithwick speaks with Carrie N. Baker, Smith College professor and author of the forthcoming book Abortion Pills: US History and Politics. Baker says taking away the rights to access abortion pills in the mail could have catastrophic consequences for pregnant people, drug development, and privacy for all Americans. In this week’s subscribers-only segment, Slate’s Trump Law correspondent Jeremy Stahl gives us the updates on some of the cases against the former president - including the “a lot ton” of money he owes in New York, like starting on Monday.  Sign up for Slate Plus now to listen and support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices
While all eyes and brains are on what SCOTUS thinks about making Trump emperor-king, a lesser known case will be heard Monday that could have a huge impact on how social media can (or cannot) keep election workers safe this year. Murthy v. Missouri arrives at the high court as the result a lawsuit filed by the attorneys general of Missouri and Louisiana, along with a group of social media users—including some doctors and right-wing commentators—who argued that officials in the Biden administration censored their online speech about COVID-19, the 2020 election, among other issues The plaintiffs don’t claim that the administration directly silenced their speech. Instead, they argue that, by working with social media companies to limit the spread of misinformation, the government unlawfully chilled the free expression of their ideas. Gowri Ramachandran serves as deputy director in the Brennan Center’s Democracy program.The amicus brief filed by her team from the Brennan Center in Murthy draws the Justices attention to another aspect of election disinformation . Ramachandran explains to host Dahlia Lithwick that combating election disinformation has always been important, but it is especially critical now, as  election workers struggle to keep on top of voting issues. Later in the show for Slate plus subscribers, Mark Joseph Stern joins to talk about  the 5th U.S. Circuit Court of Appeals taking a swing at teens’ access to contraception, and a new effort to combat the scourge of judge-shopping.  Learn more about your ad choices. Visit megaphone.fm/adchoices
It’s not just the justices on the Supreme Court who can’t seem to agree with each other anymore. As we slide into Trump v. Biden 2 (The Second One), it seems like voters can’t seem to come to a consensus on just about anything either, including the facts they are arguing over. Author and superstar litigator Barbara McQuade argues in her new book Attack From Within: How Disinformation is Sabotaging America the information we consume is crucial to the health of our democracy. She speaks with Dahlia Lithwick about America’s problems with dis- and mis-information, and how we can solve them. In this week’s Amicus Plus members-only segment, Dahlia is joined by her co-pilot in the jurisprudence news cockpit, Mark Joseph Stern to talk about President Biden's SOTU SCOTUS FU, why Alabama's legislative quick fix for its theocratic state supreme court's  IVF decision is unlikely to hold, and the meta story of the meta data in the liberal justices’ concurrence in Monday’s Supreme Court decision to restore former President Trump to the Colorado primary ballot.  This segment 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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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Comments (87)

Alex Mercedes

This is why I listen. thank you.

May 15th
Reply

ladan

✨✨✨

Mar 5th
Reply (1)

NoahArkwright

Can all of these men stop pretending they give a shit about children, the birth rate, etc etc? Until they can manage to actually raise their own fucking kids and/or take a mere modicum of responsibility for birth control, they have virtually nothing to add to the convo. They've outsourced all parenting aside from signing a check to women, and we have adapted to their absence. They don't give a fuck about kids, aren't held accountable, and they only care about controlling women. Way over them.

Mar 2nd
Reply (17)

Madeline Holland

Rape is way more common than most people understand. And for thousands of years.

Mar 2nd
Reply (4)

James Trautwein

End of FedSoc? From your lips to God's ear!

Nov 24th
Reply

James Trautwein

I'm LOVING this new Amicus coverage of the Court! If we get the critically necessary court reform, we can trace it significantly back to Dahlia Lithwick and Mark Joseph Stern shifting the paradigm on Court coverage.

Jun 22nd
Reply

James Trautwein

I'm LOVING this new coverage of the Court! If we get the critically necessary court reform, we can trace it significantly back to Dahlia Lithwick and Mark Joseph Stern shifting the paradigm on Court coverage.

Jun 22nd
Reply

James Trautwein

Your guest mentioned the possibility of double jeopardy if Trump were indicted in the wrong venue. Wouldn't double jeopardy only attach after a jury is empaneled and that only occurring after pre-trial motions on venue are decided? Please help me understand this, and keep doing the gold standard podcast on the law!

Jun 15th
Reply

MaPepa

Too bad the play is released on Amazon Prime. The overlord.

Aug 11th
Reply

llabreell

pertaining to the shooting down of drones over private property, there is precedence that its nit always illegal.. https://www.cnet.com/culture/judge-rules-man-had-right-to-shoot-down-drone-over-his-house/

Jul 14th
Reply

llabreell

just finished the episode.. i have just ine more comment: Elie Mystal for President 2024! thank u, so much, for ur common sense logic..

Jul 14th
Reply (1)

llabreell

OMG! @ Elie.. i rewound and listened to ur rant outlining precisely what merrick garland and the DOJ need to be doing while the senate continues with their hem hawing, obstruction and incompetence.. THANK U THANK U THANK U.. i and everyone i know, could not agree more.. phone calls and letters to congress do and have done nothing to move the ball in that direction.. how do we force our reps and senators to act according to our desires? im frustrated to pt of seriously considering relinquishing my citizenship and moving to Uruguay, where at least they still listen and seem to give 2 sh*ts qbput their constituency..

Jul 14th
Reply

Francis Roche

I started listening recently and was in LOVE with this podcast. Unfortunately, the most interesting parts, that relate to the judgements being handed down by the supreme court week to week, ended up being moved to the slate plus segment behind a pay wall. Now it seems to be just another political commentary show, albeit with a legal angle. Very sad 😣

Dec 30th
Reply (1)

MaPepa

Many Americans loudly criticize other countries' treatment of women as if in the US women had equal rights. The reality is that fundamentalism is live and well in Uncle Sam's land. As courts and the legislative bodies across the land would have it, a clump of cells in a womb trumps the rights of the person in whose body it is growing.

Dec 15th
Reply

Michael Meenan

Dahlia - Thank you for providing an excellent analysis of scienter - that establishes the mens rea of Trump's criminal culpability. I was very pleased that you mentioned Trump's stochastic behavior and cited Michael Cohen's testimony as a means toward dismantling any plausible deniability. I think the Senate trial should be bifurcated: first, deal with the constitutionality of the proceeding; and, second, proceed to the merits. This will force Republican senators to rule on Trump's culpability separately from the constitutionality of the proceeding. And, of course, it is constitutional. Trump was impeached prior to leaving office, and viable remedies remain. The fact that he was legally required to leave office is irrelevant.

Jan 31st
Reply

Alex Mercedes

the issues of naming and language have seemed central to me for the entirety of T***p's time in the WH. it has seemed to me that not so much an issue of not having words as a) being unaccustomed to and afraid of existing words like "white supremacy" and "sedition" and "terrorist" and "racist" and b) a general disinclination throughout the culture to call white men (especially) on their bad behavior. I believe there's some kind of corollary between the erosion of truth among us and the inability (unwillingness? refusal?) to call things by their true (if uncomfortable) names.

Jan 9th
Reply (1)

Alex Mercedes

I joined HCR's Letter fan club a month or so ago. I also read her around 5 am. reading her is as essential to my self-care regimen as meditation. I didn't know her credentials and I'd never heard her voice. both boxes got checked during this episode and I'm an even bigger fan now -- of both of you!

Oct 25th
Reply

Alex Mercedes

Five stars and bravo and thank you for comments re The Daily interview. Barbaro's penchant for inflexible defense of a viewpoint he choses before the interview starts is one of several modes he has that drive me nuts. I feel affirmed hearing that someone I admire as much as Ms Lithwick agrees.

Oct 19th
Reply

Alex Mercedes

whoa! so many broad-brush pronouncements. your guest's understanding of the defining behavior and definitions of "progressive" and "liberal" and "the Left" are dated. he might explore TYT news/movement for a more up to date appreciation of terms.

Oct 10th
Reply (4)

Alex Mercedes

I find Carol Anderson very difficult to follow. much of what she says is not new information and she wanders from issue to issue.

Oct 4th
Reply