Dahlia Lithwick is joined by Joshua Matz to talk election lawsuits, Trump’s lawyers, Big Law, and whether the Biden administration will put “healing” ahead of justice in the post-Trump era. 

In our Slate Plus segment, Mark Joseph Stern joins Dahlia to try to calibrate alarm about Michigan officials talking to the White House about certifying and uncertifying results. Plus, Amy Coney Barrett’s first SCOTUS vote on the death penalty and the State Supreme Court race in North Carolina that you might have missed, but has much to say about racism and the state of state of the judiciary.

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Podcast production by Sara Burningham.

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Dahlia Lithwick is joined by Amicus’ election law whisperer, UC Irvine election law professor Rick Hasen, to sift through the results, the non-calls, and the many, many lawsuits of this post-election moment.

Then, Dahlia is joined by Jim Zirin, former federal prosecutor and author of Plaintiff in Chief: A Portrait of Donald Trump in 3,500 Lawsuits, to map out the playbook the president is pulling from today and always--from his Supreme Court picks to all-caps claims of voter fraud. 

In our Slate Plus segment, Mark Joseph Stern reports on the big case at the intersection of religious liberty and the right of LGBTQ people to become foster parents that was heard at the Supreme Court this week. And what, if anything, we can draw from Amy Coney Barrett’s first week on the bench (on the phone). 

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Podcast production by Sara Burningham.

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Episode Notes:

Dahlia Lithwick is joined by Sherrilyn Ifill, president and director-counsel of the NAACP Legal Defense and Educational Fund, to discuss voting and the crisis of legitimacy facing a Supreme Court embroiled in politics, the election, and an epochal shift to the right. 

In our Slate Plus segment, Dahlia is joined by Brian Fallon of Demand Justice to discuss the whys and the wherefores of court reform. 

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Podcast production by Sara Burningham.

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Regardless of the outcome of the election, the Supreme Court has already entered a new era. Dahlia Lithwick is joined by Heather Cox Richardson for a big-picture conversation about what that means: minority rule and the court’s role, past and present, in changing visions of democracy. 

In our Slate Plus segment, Mark Joseph Stern updates us on all the election-law cases. OK, not all of them—there are more than 300 cases going on in 46 states—but Mark brings us up to speed on the key cases and the worrying signals they send about what happens if the election results are contested. 

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Podcast production by Sara Burningham.

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Dahlia Lithwick is joined by Ilyse Hogue, the president of NARAL Pro-Choice America and the author of The Lie that Binds to discuss the Senate Judiciary Committee’s confirmation hearings for Judge Amy Coney Barrett and what her nomination to the Supreme Court means for reproductive rights. 

In our Slate Plus segment, Dahlia is joined by Professor Pamela Karlan of Stanford Law School to discuss all the other questions that went unanswered at the hearings.

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Podcast production by Sara Burningham.

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Dahlia Lithwick is joined by Robert Raben, a former senior Hill staffer, former assistant attorney general in Bill Clinton’s Department of Justice, and founder of the Raben Group, for some real talk about next week’s Senate confirmation hearings. Next, Brian Kalt, Michigan State University College of Law professor and author of Unable: The Law, Politics, and Limits of Section 4 of the Twenty-Fifth Amendment, joins Dahlia to clarify what’s really on the table as Nancy Pelosi and Rep. Jamie Raskin introduce a bill that would form a commission to rule on the president’s fitness for office. 

In our Slate Plus segment, Mark Joseph Stern on what you may have missed from the the start of the Supreme Court’s new term, the signal to LGBTQ people from Justices Clarence Thomas and Samuel Alito this week, and the worrying federal court decision about voting in Wisconsin. 

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Dahlia Lithwick is joined by election law professor Rick Hasen of UC Irvine, author of Election Meltdown, for an update on the state of the election given the president’s COVID diagnosis. 

They are joined by Professor Carol Anderson, Charles Howard Candler professor of African American Studies at Emory University, to discuss the president’s undermining of the election. 

Podcast production by Sara Burningham.

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Dahlia Lithwick is joined by the Nation’s justice correspondent Elie Mystal and Slate’s Mark Joseph Stern for some hard truths about the future of the Supreme Court and what, if anything, Democrats can do about it. 

In this week’s Slate Plus segment, Mark sticks around to delve into the worrying news coming out of Pennsylvania and other adventures in pre-election litigation. 

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Podcast production by Sara Burningham.

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Marking the passing of a constitutional titan, Dahlia Lithwick is joined by Columbia Law professor and former law clerk to Supreme Court Justice Ruth Bader Ginsburg, Gillian Metzger. And a special remembrance from Justice Ginsburg’s law school classmates Flora Schnall and Judge Carol Brosnahan. 

Podcast production by Sara Burningham.

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This is a replay of a special bonus live episode from the National Constitution Center. Dahlia Lithwick in conversation with Jeffrey Rosen about his 2019 book Conversations With RBG: Ruth Bader Ginsberg on Life, Love, Liberty, and Law. 

Podcast production by Sara Burningham, with thanks to the National Constitution Center.

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