Amicus | This End Of Term At SCOTUS Is Unlike Any Other in History
The end (of the Supreme Court term) is nigh. This week, Amicus goes into June Opinionpalooza mode with some meta-analysis of what to look out for as the Supreme Court delivers dozens of decisions over the next month or so. Dahlia Lithwick and Mark Joseph Stern say this is a term-ending unlike any other, partly because the number of cases pinging onto the high court’s shadow docket means the term may never really, truly, actually, end. And even when the shadow docket cases are decided, there is no real law that emerges, just a few lines of unsigned chicken scratch. Beyond the big merits cases concerning everything from birthright citizenship to healthcare for trans minors to racial gerrymandering to defunding Planned Parenthood, and beyond the brief, unbriefed, unargued emergency docket cases, the Supreme Court’s conservatives are in a power struggle with the very president they crowned quasi-king.
In a conversation recorded live on Friday at the WBUR Festival in Boston, Mark is joined by Professor Jed Shugerman of Boston University Law School, where they discuss the bad originalism and poor judgment that led to the Roberts’ court’s embrace of a little something called unitary executive theory that has become the Trump administration’s carte blanche.
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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1:15:06
Political Gabfest | Why Destroy Harvard?
This week, Emily Bazelon, John Dickerson, and David Plotz discuss this week’s Supreme Court decision that validates Trump’s firing of 2 officials without cause thus stealth-overruling a key check on presidents, the power dynamics around who benefits from Trump’s attempts to destroy Harvard, and the challenges and rewards of male friendship in modern life.
Here are this week’s chatters:
Emily: Emily Davies for The Washington Post: Trump’s clemency spree extends to ex-gangster, artist, former congressmen; Aaron Blake for CNN: ‘No MAGA left behind’: Trump’s pardons get even more political
John: Jason DeParle for The New York Times: How a Generation’s Struggle Led to a Record Surge in Homelessness; Malu Cursino for the BBC: Ancient human fingerprint suggests Neanderthals made art; Cara Tabachnick for CBS News: Last living grandson of 10th U.S. President John Tyler, a link to a bygone era, dies at 96; the Miller Center at the University of Virginia: President John Tyler (1790-1862); Sherwood Forest: More About Sherwood Forest and John Tyler.
David: Sarah Zhang for The Atlantic: The ‘Man Eater’ Screwworm Is Coming
Listener chatter from Jody Litvak in Los Angeles: The Stamp Thief (trailer video 1:58)
For this week’s Slate Plus bonus episode, Emily, John, and David discuss WilmerHale’s court win this week, in which Judge Leon struck down the president’s politically-motivated executive order against the law firm as unconstitutional.
In the latest Gabfest Reads, Emily talks with author Susan Dominus about her new book, The Family Dynamic: A Journey into the Mystery of Sibling Success.
Email your chatters, questions, and comments to gabfest@slate.com. (Messages may be referenced by name unless the writer stipulates otherwise.)
Research by Emily Ditto
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1:16:01
Amicus | The Two Tracks of Justice
This week’s episode attempts to understand the ways in which the law of Trump unfolds along two tracks at the same time. First, Mark Joseph Stern joins us to talk about the Supreme Court’s decision to let Trump fire the heads of independent agencies, undermining a 90-year-old precedent in an unsigned, two-page decision on the shadow docket. This is a case in which Donald Trump’s agenda perfectly aligns with the wishlist of the conservative supermajority that controls the court. But if the court keeps giving Trump free passes to break the law now, why should we expect him to respect the court when it tries to draw the line later?
Then Dahlia Lithwick talks to the University of Chicago’s Aziz Huq about the idea of a “dual state,” a legal arrangement in which seismic changes happen in ways that are not perceptible to the bulk of the citizens. Drawing from the work of a Jewish lawyer who witnessed the dual state operate in Nazi Germany in the 1930s, Huq explains that authoritarians can seize the levers of the law to persecute disfavored groups, without disturbing the idea of the rule of law for the great majority of the nation.
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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1:16:06
Amicus | SCOTUS Is About to Suffer Buyers Remorse, Again
Our eyes this week were trained on the arguments over birthright citizenship at the Supreme Court on Thursday. While Solicitor General John Sauer advanced wild arguments on behalf of the Trump administration, four of the justices (hint: the women) seemed extremely suspicious of his motives. The five men? Not so much. Slate senior writer Mark Joseph Stern joins Dahlia Lithwick to break down Trump v. CASA Inc. and the growing divide on the court between those who trust this president and those who don’t.
Although Thursday’s arguments touched on fundamental rights, SCOTUS made the strange choice to largely avoid the constitutional question and focus on a different one: Whether district courts have the power to issue “universal” injunctions that apply nationwide, as multiple courts did in order to protect birthright citizenship from the president. Judges have issued an unprecedented number of these orders against the Trump administration—in response to Trump’s unprecedented barrage of lawless executive orders. Some conservative justices seem perturbed by the explosion of universal injunctions. But it became clear on Thursday that this is the worst case for the court to use to rein them in.
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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1:03:10
ICYMI: Kayla Malec Deserves Online Justice, Too
Kate Lindsay and Candice Lim explain the situation surrounding influencer Kayla Malec and beauty YouTuber James Charles. Malec is a 19-year-old TikToker who was in a 9-month relationship with a content creator named Evan Johnson. After their breakup, Malec posted a YouTube video accusing her ex-boyfriend of domestic abuse and violence. Days later, Johnson was charged by officials in Tennessee with domestic assault, and last week, he pled guilty to those charges and was sentenced to 18 months in jail. While Malec did win this case, somehow, the controversial makeup influencer James Charles entered the scene and caused more drama than necessary. ICYMI will explain how Malec’s story got sabotaged and overshadowed by influencers who may be trying to get clout off of her trauma, and why James Charles is somehow always involved in internet drama.
This podcast is produced by Vic Whitley-Berry, Daisy Rosario, Candice Lim, and Kate Lindsay.
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The Slate Crime and Justice feed contains new episodes from different shows in the Slate podcast network. From narrative shows like Slow Burn, to legal analysis on Amicus, to news-driven coverage on What Next, you’ll get fascinating stories and expert analysis on the law, our criminal justice system, and the people who shape and are shaped by them.
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