The official history of America’s founding is often told as a whites-only story, a heroic tale of wealthy white men forging a new nation—with no mention of the people they excluded, displaced, or oppressed. But who gets left out of the story that “originalists” like to tell about the law? This week Mark Joseph Stern talks with Maggie Blackhawk, professor at NYU School of Law, and Gregory Ablavsky, a professor at Stanford Law School, about Native nations at the time of the founding, some of which were very much on the scene as the Constitution was being debated and ratified. What did they think about it? And does asking that question obscure a much more complicated—but more accurate—examination of the founding?
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40:26
Don’t Give Up on the Law Just Yet
It’s easy to give up on the courts right now. SCOTUS is throwing down unreasoned decisions expanding Donald Trump’s authority, and Senate Republicans keep confirming the president’s cronies to lifetime judgeships, tarnishing the entire judiciary with their corruption. But there are judges—courageous, hard-working men and women—who have chosen a different path and are fighting to protect democracy and restore our civil rights. In his new book, Better Judgment: How Three Judges Are Bringing Justice Back to the Courts (out Sept. 2), Reynolds Holding tells the story of three of these judges and how they are laying the groundwork for a post-Trump future in which the courts serve as guardians of liberty rather than instruments of autocracy. Holding speaks with co-host Mark Joseph Stern about these judges’ refusal to accept business as usual and vision of a court that truly delivers equal justice to all.
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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51:58
When Unaccountable People Come for Your Vote
Civil rights are under attack. The Supreme Court seems to have its sights set on the Voting Rights Act. The Trump administration, meanwhile, is taking every issue to the court knowing that it will never have to face accountability there. And with states like Texas considering unpopular redistricting plans, the administration may never face it at the ballot box either.
Put more bluntly, many of our elected officials are operating with a perceived immunity from accountability of any sort. This week Dahlia spoke about the deleterious effects of these actions on voting rights with Maya Wiley, president and CEO of The Leadership Conference on Civil and Human Rights. They discuss the damage done to our civil rights by the current Department of Justice, and what we can learn about accountability from recent developments in the Jeffrey Epstein scandal.
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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47:52
How To Build A Police State (With The Supreme Court’s Blessing)
Over the last six months, life has been upended for millions of people in America as Stephen Miller's extreme immigration policies have been unleashed. And while the first weeks of the second Trump administration saw some genuine pushback from the Supreme Court, six months in, that feint at checking and balancing has fallen away. On this week's Amicus podcast, Dahlia Lithwick welcomes Aaron Reichlin Melnick, Senior Fellow at the American Immigration Council. Reichlin Melnick last appeared on the show in the days after Trump's inauguration and the initial barrage of lawless Executive Orders targeting the immigration system and the millions caught in it. Half a year into Trump 2.0, and Stephen Miller's no-holds-barred anti-immigrant plan for America, what's stuck? What's accelerated? And in light of the new budget, what's next?
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55:53
The Call Is Coming From Inside The Court
In this episode of Amicus, Dahlia Lithwick sits down with Senator Sheldon Whitehouse to dissect the most recent Supreme Court term and its implications. They explore Justice Ketanji Brown Jackson's emerging role and influence, the patterns of bias within the court that she’s calling out, and the broader systemic issues facing the judiciary. Their conversation also delves into the “worst possible nominee” for a lifetime appointment to a US court of appeals, Emil Bove. Next, they tackle climate inaction, Democrats’ failure to respond to the billionaire takeover of the Supreme Court, and why Senator Whitehouse is still optimistic about challenging, even fixing, these systems.
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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Sobre Amicus With Dahlia Lithwick | Law, justice, and the courts
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 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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