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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? 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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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…
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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 Am…
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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…
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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 s…
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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 Loui…
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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 At…
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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 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, v…
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It was a wild week at the High Court (another seven days crammed with a year’s worth of news). SCOTUS heard cases about bump stocks, and how Clarence Thomas and Samuel Alito would do as Facebook content moderators. The Supreme Court also finally found the time to put a thumb on the scale for serially indicted alleged insurrector-in-chief former Pre…
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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…
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The future of the Fulton County, Georgia election subversion case against Donald J. Trump and many many accused co-conspirators was cast into doubt this week as the court saw evidentiary hearings in the defence’s motion to disqualify Fulton County AG Fani Willis. Dahlia Lithwick is joined by Slate’s chief Law of Trump correspondent Jeremy Stahl to …
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Oral arguments at the Supreme Court Thursday in Trump v. Anderson revealed a lot about some of the justices’ commitment to the primacy of originalism. Noah Bookbinder, president of Citizens for Responsibility and Ethics in Washington, joins Dahlia Lithwick to discuss why his organization took up and pursued the long shot case to try to keep former …
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Subscribe to Slate Plus to unlock the full version of this emergency episode. After weeks of waiting, the DC Circuit Court of Appeals has handed down a decision in Donald J Trump’s appeal for sweeping immunity from prosecution for any of his actions while in office on grounds of a kind of post-presidential enduring presidenty-ness. The panel of thr…
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There haven’t been that many insurrections in the United States, which means the case law ahead of next week’s arguments in Trump v. Anderson (the 14th Amendment, Section 3 disqualification case) is pretty thin. And so we, and presumably the justices, must rely on text and history to understand the intent of the drafters of the Reconstruction Amend…
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Despite Donald Trump’s efforts, there will be a significant cost for his continued defamation of E. Jean Carroll (And it’s $83.3 million!!). For much of the proceedings he sat behind Carroll muttering under his breath and posting three-dozen times on Truth Social in one night about the unfairness of the judge and the court. But zoom out, and Trump’…
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The immigration fight on the U.S. - Mexico border keeps getting uglier - not between the U.S. and its southern neighbor, Mexico, but between the federal government and a Texas administration apparently unconcerned by constitutional supremacy. Earlier this month, members of the Texas Military Forces took over a public park in Eagle Pass, TX at the b…
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There’s an ever-growing queue of cases concerning Donald Trump headed for the Supreme Court that threaten to further dent the legitimacy of an institution that has tumbled in the public’s estimation in the last few years. This week’s show examines some of the interlocking issues raising the already sky-high stakes at One, First Street. First, Dahli…
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On January 6, 2021, supporters of Donald J Trump stormed the U.S. Capitol building hoping to stop Joe Biden from becoming president. Three years later, a quarter of Americans believe the FBI instigated the events of that day. This week on Amicus, we’re trying to understand the myth-making that helped foment the riot, and the religious fervor that b…
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Happy New Year! As a little gift for the new year, we thought we would treat you lovely Here Lies Amicus listeners, to an interview Smokey did with Cev on our sister show, The House of Hammer. This was exclusively for House of Hammer Patrons and will only be availlable for a short time. If you want to hear even more, sign up at patreon.com/househam…
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From the Chief Justice seeing the funny side of stalking and harassment, to Justice Samuel Alito’s tiny violin, to fighting in the footnotes and a bench dissent snapback, to THAT painting, it’s been quite a year at One, First Street. Dahlia Lithwick and Mark Stern are back with their bottom 10 picks for the Supreme Court’s worst moments of 2023. Bu…
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This week, the Colorado Supreme Court determined in a pivotal decision that Donald J Trump should not appear on the ballot in the state's Republican primary. Meanwhile the high court is already involved in the possible briefing of another Trump case (about presidential immunity) and has agreed to docket another involving the obstruction of the vote…
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Earlier this week, the Texas Supreme Court said Kate Cox couldn’t have an abortion.Cox’s doctors had diagnosed the fetus with Trisomy 18, an almost certainly fatal genetic condition. On top of that, there were concerns about whether or not Cox would be able to have children again in the future if she continued with this pregnancy. None of this was …
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When Moore v United States landed on the Supreme Court docket, it threatened to take a big swing at any future wealth tax and maybe cut the legs out from under the government’s ability to collect a lot of other tax. But as arguments unfolded Tuesday at One, First Street, it became clear that some of the Justices had studied up on the tax code and w…
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Former Supreme Court Justice Sandra Day O’Connor died Friday at the age of 93. Amicus host Dahlia Lithwick is joined by former O’Connor clerk and renowned First Amendment scholar RonNell Andersen Jones to talk about the Justice’s trailblazing career, her judicial philosophy, and the combination of humility and strength that marked her time on the c…
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While Amicus takes a break to digest turkey and count our blessings, we're sharing this episode of The Political Scene from our friends at The New Yorker. In recent weeks, Americans have begun to get a clearer picture of what a second Donald Trump Administration could look like. Some clues have come from organizations like the Heritage Foundation, …
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Donald J Trump is signaling a split with the conservative legal movement’s kingmakers, The Federalist Society. Instead, the presumptive Republican Presidential nominee is planning a radical (and radically lawless) remaking of American government in his image. On this week’s show, Dahlia Lithwick is joined by Amanda Hollis Brusky, professor of polit…
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If we are to take Donald J. Trump seriously (and at this stage it’s surely a fool’s errand not to), then the rule of law and democracy are on the line if (when) he becomes the Republican nominee for 2024. What role will the former President’s many many legal woes play in the coming months? A clearer picture is emerging after testimony for the prose…
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