How Originalism Ate the Law: The Trick
Amicus With Dahlia Lithwick | Law, justice, and the courts
by Slate Podcasts
2d ago
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 ..read more
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How Originalism Ate the Law: The Trick
Amicus With Dahlia Lithwick | Law, justice, and the courts
by Slate Podcasts
5d ago
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 ..read more
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Democracy Dies at SCOTUS
Amicus With Dahlia Lithwick | Law, justice, and the courts
by Slate Podcasts
1w ago
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 ove ..read more
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PREVIEW: Abortion Gaslighting is Back at SCOTUS
Amicus With Dahlia Lithwick | Law, justice, and the courts
by Slate Podcasts
2w ago
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 tack ..read more
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Twelve Jurors and One Angry Ex-President
Amicus With Dahlia Lithwick | Law, justice, and the courts
by Slate Podcasts
2w ago
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 tria ..read more
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The Jurisprudence of Bleeding Out
Amicus With Dahlia Lithwick | Law, justice, and the courts
by Slate Podcasts
3w ago
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 abortio ..read more
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When Gag Orders Become Campaign-Performance Indicators
Amicus With Dahlia Lithwick | Law, justice, and the courts
by Slate Podcasts
1M ago
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 t ..read more
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When RAGA Rhymes with MAGA
Amicus With Dahlia Lithwick | Law, justice, and the courts
by Slate Podcasts
1M ago
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 ..read more
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How The Mifepristone Case Reached SCOTUS
Amicus With Dahlia Lithwick | Law, justice, and the courts
by Slate Podcasts
1M ago
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 Lithwi ..read more
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Who Gets to Lie Online?
Amicus With Dahlia Lithwick | Law, justice, and the courts
by Slate Podcasts
1M ago
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 ..read more
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