Stay ConnectedA show about the law and the nine Supreme Court justices who interpret it for the rest of America.
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Copyright: © 2018 The Slate Group
Dahlia Lithwick is joined by Julian Mortenson, Professor of Law at the University of Michigan to discuss his work to re-frame the conversation around “the executive power”. His paper, “Article II Vests Executive Power, Not The Royal Prerogative” traces the constitutional history of the three words that have grown to encompass so much.
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Dahlia Lithwick is joined by Rebecca Sandefur, who turns a sociologist’s eye to civil justice. Civil justice problems can lead to bankruptcy, homelessness, illness, family separation and poverty, but Sandefur says what makes it to the courts is just the “tip of the civil justice iceberg”.
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Dahlia Lithwick is joined by Michele Goodwin, Chancellor’s Professor of Law at the University of California, Irvine, for a wide reaching conversation about race and gender and the stories America tells itself so it can sleep at night. Starting with Trump’s tweets about Baltimore, Professor Goodwin offers an expert survey of centuries of racist and sexist narratives in the legal system and the country at large. This week’s show also features excerpts from a live discussion Dahlia moderated at the 92 St Y with Heidi Shreck (What the Constitution Means to Me) and Professor Laurence Tribe (Harvard Law School).
Podcast production by Sara Burningham
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In a week marked by rising rancor, when racist rhetoric ricocheted out of the president’s twitter feed and into a chanting crowd at his reelection rally, the end of an era almost slid under the radar. Dahlia Lithwick reflects on the passing of Justice John Paul Stevens, and the more than symbolic shift from his jurisprudence, his character, to our current state of affairs at the high court and beyond. You can read more here. And Dahlia is joined by Professor Mary Anne Franks of the University of Miami Law School to talk about her book, “The Cult of the Constitution”, how growing up among christian fundamentalists helped her write a book about constitutional extremists, and why there’s still hope for America’s faulty founding document.
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Dahlia Lithwick is joined by Frank Bowman, author of the upcoming book High Crimes and Misdemeanors, A History of Impeachment for the Age of Trump about the big question: Impeachment, its historical precedent, constitutional roots, and present day predicaments.
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A round table round-up of the 2018 Supreme Court term with Dahlia Lithwick, Slate’s Mark Joseph Stern, Professor Pam Karlan of Stanford and Professor Leah Litman of the University of Michigan Law School. Analysis of the census case, the gerrymandering cases, and the down-docket items you might have missed, but whose repercussions you won’t.
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Dahlia Lithwick joins Trumpcast as a special guest co-host for an intimate conversation with journalist E. Jean Carroll, author of "What Do We Need Men For."
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A flurry of decisions this week, but few big-ticket items. Mark Joseph Stern takes us through the opinions and dissents in Flowers v Mississippi, Gundy v United States and American Legion v American Humanist Association. Dahlia Lithwick is also joined by Jed Shugerman and Andrew Kent of Fordham University Law School, two of the authors of the Harvard Law Review article, Faithful Execution and Article II, which examines whether the constitution holds the President to some higher standard than just not doing crimes.
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When Justice Clarence Thomas wrote a 20 page concurrence to the Indiana abortion law case last week, Adam Cohen’s phone started blowing up. In making an argument linking abortion rights to eugenics, Justice Thomas repeatedly cited Cohen’s book, Imbeciles: The Supreme Court, American Eugenics, and the Sterilization of Carrie Buck Adam Cohen joins Dahlia Lithwick to explore the history of eugenics in the U.S. and to examine Justice Thomas’ motives and logic for bringing the argument into the abortion debate.
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A swathe of draconian abortion laws have been passed by states around the country in the past few weeks, but Alabama outdid them all. Legislators there are clearly hoping Justice Kavanagh will nullify Roe v Wade with a stroke of a pen, but there are quite a few other factors at play here and this week Dahlia Lithwick is joined by just the right women to explore those factors. Professor of Law Melissa Murray of NYU discusses the history and significance of Roe, and CNN legal analyst Joan Biskupic, who also authored the new book “The Chief, the Life and Turbulent times of Chief Justice John Roberts”, joins Dahlia to dissect Roberts’ record and reservations when it comes to reproductive rights.
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