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

The Supreme Court handed down a unanimous ruling this week in United States v. Hemani, holding that a marijuana user cannot be stripped of his Second Amendment right to own a firearm simply because he sometimes uses cannabis. Justice Neil Gorsuch wrote the majority opinion, leaning heavily on the founders' own well-documented love of alcohol to argue that responsible substance use has never historically disqualified Americans from bearing arms. Dahlia Lithwick and Mark Joseph Stern unpack the ruling, note what it does not settle about the still-murky Bruen test, and reflect on how dramatically the justices’ posture toward marijuana has shifted since the "Bong Hits for Jesus" case they decided less than two decades ago.Then, Dahlia sits down with David Gans, director of the Human Rights, Civil Rights, and Citizenship Program at the Constitutional Accountability Center, to discuss his forthcoming Stanford Law Review article, Forgotten Framers: Black Conventions and the Second Founding. Between 1864 and 1869, Black Americans gathered in more than fifty conventions in packed churches and meeting halls across the country to demand equal citizenship, voting rights, bodily autonomy, protection from racial violence, and access to education. These conventions molded the Reconstruction amendments in ways that originalist jurisprudence ignores.Gans explains how the Roberts court's colorblind reading of the Fourteenth and Fifteenth Amendments distorts this history by ignoring the explicitly race-conscious vision the conventions—and the amendments themselves—championed. He also explains how the Guarantee Clause, long a "sleeping giant," could still offer a constitutional path to combat partisan and racial gerrymandering after Calais and Milligan. Gans wrote about this facet of the history recently in Slate.This is part of Opinionpalooza, Slate’s coverage of the major decisions from the Supreme Court. The best way to support our work is by joining Slate Plus. (If you are already a member, consider a donation or merch!)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.Need to set up your Slate Plus feed? If you subscribed through Slate.com, check out our FAQ at slate.com/podcastfaqs for easy instructions. Members subscribed via Apple Podcasts get automatic access—no setup required. Hosted on Acast. See acast.com/privacy for more information.

“Not on the level” is how Donald Verrilli Jr. describes the Trump administration’s general, current Supreme Court practices. The former United States Solicitor General joins Dahlia Lithwick to discuss the ways this radical new posture is forcing judges to confront arguments and asserted powers previously seen as far beyond presidential authority, while still trying not to shift excessive power to courts by routinely declaring everything a pretext. They discuss whether Chief Justice John Roberts is at last signalling skepticism about Trump’s chaotic policymaking, whether the DOJ’s fluid relationship with facts is taking a toll on its credibility, and they debate the costs of delayed, splintered opinions in the major confrontation over executive power evident in the tariffs case. Don Verrilli also reflects on his deep and broad experience over decades of Supreme Court litigation, beginning with a clerkship for Justice Brennan in the 1980s, through his service in government under President Obama, to recent wins arguing before SCOTUS, to provide a truly clarifying perspective on the scale of the challenges facing the rule of law, and the “hard-nosed faith” required to overcome them. And… introducing… Executive Dysfunction. A brand new newsletter from Slate’s jurisprudence team that surfaces under-the-radar stories about what Trump is doing to the law –– and how the law is pushing back. There’s always some story buried in court filings, hidden in regulatory fine print, happening in some courthouse you may not have heard of that actually matters. Every week, Executive Dysfunction will feature one story that cuts through it all, plus updates from the Slate Jurisprudence team. Go to slate.com/dysfunction to sign up.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.Need to set up your Slate Plus feed? If you subscribed through Slate.com, check out our FAQ at slate.com/podcastfaqs for easy instructions. Members subscribed via Apple Podcasts get automatic access—no setup required. Hosted on Acast. See acast.com/privacy for more information.

The machinery to enable Stephen Miller’s darkest deportation dreams is both tangible and legal. In this week’s show, Dahlia Lithwick explores the statutory and regulatory foundations of the Trump administration’s expanding network of detention camps, plus the historical background of the vast warehouse system they are using to imprison tens of thousands of migrants. First, she speaks with Linus Chan, who represents Minnesotans detained by ICE, he teaches law at the University of Minnesota School of Law. Chan describes how the most basic right of habeas corpus has been whittled away by the courts to a filament when it comes to immigration law, allowing the federal government to weaponize brutal detention against ordinary Americans. Next, Dahlia is in conversation with Andrea Pitzer, about her chilling and urgent new piece, Building the camps: The warehouseification of detention and initial thoughts on stopping it. It is essential reading (and listening!) in light of the billion dollar detention camp system being built in warehouses near you in cities around the nation. If you want to check if your town is on the list, Andrea recommends checking out Project Salt Box.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.Need to set up your Slate Plus feed? If you subscribed through Slate.com, check out our FAQ at slate.com/podcastfaqs for easy instructions. Members subscribed via Apple Podcasts get automatic access—no setup required. Hosted on Acast. See acast.com/privacy for more information.

Lawyers love legal reasoning. It promises a clean, clear path through sticky, tricky territory. But legal reasoning can enable grotesque real-world outcomes, like torture, or arresting journalists, or masked government agents detaining and disappearing people. On this week’s Amicus, Dahlia Lithwick is in conversation with Joseph Margulies, Professor of Practice of Government at Cornell University. Margulies litigated some of the biggest cases of egregious human rights violations of the post-9/11 “War on Terror”, an experience that informed his recent piece in the Boston Review: The Moral Stupefaction of America. Margulies explains how, when we allow obscure legal language to overshadow moral imperatives, we can end up in very dark places. The line from waterboarding at black sites to executing American citizens in the streets is a straight one. And there will be a lawyer willing to write a memo for all of it. 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.Need to set up your Slate Plus feed? If you subscribed through Slate.com, check out our FAQ at slate.com/podcastfaqs for easy instructions. Members subscribed via Apple Podcasts get automatic access—no setup required. Hosted on Acast. See acast.com/privacy for more information.