Despite Donald Trump’s efforts, there will be a significant cost for his continued defamation of E. Jean Carroll (And it’s $83.3 million!!). For much of the proceedings he sat behind Carroll muttering under his breath and posting three-dozen times on Truth Social in one night about the unfairness of the judge and the court. But zoom out, and Trump’s actions at the trial and toward women generally have far bigger implications than the size of the check he’ll have to write. This week, Vanity Fair’s Molly Jong-Fast joins Dahlia Lithwick to explain how Trump has fanned the flames of GOP misogyny playing out in every aspect of our politics, from the GOP primary to the leadership in the House of Representatives to women who have been raped in states with no access to abortion. And she asks what it ultimately says about our justice system that 80-year-old E. Jean Carroll is the one prepared to take the stand against the man who assaulted her.
In this week’s Amicus Plus segment, Slate’s Mark Joseph Stern discusses the Supreme Court’s 5-4 decision that kinda sorta resolved the battle between federal immigration authorities and Texas Governor Greg Abbott, and the horrifying turn the conservative turn has taken on capital punishment this week.
Sign up for Slate Plus now to listen and support our show. 
Learn more about your ad choices. Visit megaphone.fm/adchoices

Donald Trump and the Apex of MAGA Misogyny

A show about the law and the nine Supreme Court justices who interpret it for the rest of America.

Want more Amicus? Subscribe to Slate Plus to immediately unlock exclusive SCOTUS analysis and weekly extended episodes. Plus, you’ll 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.

News

Politics

Government

News Commentary

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 law, politics and our lives, and we haven’t talked about it enough. On this week’s show, Dahlia Lithwick and Mark Joseph Stern explore the history of originalism. They talk to Professor Jack Balkin about its religious valence, and Saul Cornell about originalism’s first major constitutional triumph in Heller. And they’ll tell you how originalism’s first big public outing fell flat, thanks in part to Senator Ted Kennedy’s ability to envision the future, as well as the past.
Learn more about your ad choices. Visit megaphone.fm/adchoices

How Originalism Ate the Law: The Trick

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 overturn the election and stay in power, were relegated to lower-case concerns as opposed to ALL CAPS panic over hypothetical aggressive prosecutors. 
On this week’s Amicus, Dahlia Lithwick is joined by leading constitutional scholar and former assistant Professor Pam Karlan of Stanford Law School and a former deputy assistant attorney general in the Civil Rights Division of the United States Department of Justice. Slate’s senior legal writer Mark Joseph Stern also joins the conversation about the MAGA justices flying the flag in arguments in Trump v United States.

In today’s bonus episode only for Slate Plus members, Jeremy Stahl gives Dahlia Lithwick a view from inside the courtroom of Donald Trump’s hush money trial. 

Want more Amicus? Subscribe to Slate Plus to immediately unlock exclusive SCOTUS analysis and weekly extended episodes. Plus, you’ll 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.

Sign up for Slate Plus now to listen and support our show. 
Learn more about your ad choices. Visit megaphone.fm/adchoices

Democracy Dies at SCOTUS

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 tackling what levels of care pregnant patients can be provided in emergency rooms in states with draconian anti-abortion laws. 
And on Thursday morning, the High Court will hear Trump v. United States, the case in which the former president - who is currently spending much of his time slouched at the defendant’s table in New York City - will claim a kind of vast sweeping theory of immunity that roughly translates as - “when you’re president, they let you do it. You can do anything”. In an extra episode of Amicus, Dahlia Lithwick and Mark Joseph Stern dig into what happened in the EMTALA arguments Wednesday morning and then look ahead to Thursday’s arguments in the immunity case. 
Sign up for Slate Plus now to listen and support our show. 
Learn more about your ad choices. Visit megaphone.fm/adchoices

PREVIEW: Abortion Gaslighting is Back at SCOTUS

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 trial truly gets underway next week. 

In today’s bonus episode only for Slate Plus members, Dahlia Lithwick and Mark Joseph Stern welcome Justice Clarence Thomas back from his long weekend, with a close listen to the January 6th case that was argued before the court on Tuesday. Fischer v United States  is raising more alarm bells about the conservative justices’ posture toward armed insurrection. They also dig into  Justice Elena Kagan’s opinion in a potentially tricky TitleVII case that, miraculously for this court, went pretty well in terms of civil rights protections in the workplace. Listen 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.

Learn more about your ad choices. Visit megaphone.fm/adchoices

Twelve Jurors and One Angry Ex-President

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 abortion care, and for a faction of conservative advocates, this cannot stand.

Ahead of oral arguments the week after next, we wanted to get a sense of what healthcare looks like for pregnant women experiencing medical emergencies now, and how this case threatens to undermine that care in the future. This week, Dahlia Lithwick speaks with Dr. Dara Kass, an emergency medicine physician, about what EMTALA was built to do, what ER physicians are being asked to do, and what will happen should Idaho prevail in this case.

Later in the show, Slate’s Mark Joseph Stern joins to discuss the hullabaloo over when, if, and how Justice Sotomayor should be made to retire and the very gendered work of keeping SCOTUS from going off the rails (any more than it already has).

In today’s bonus episode only for Slate Plus members Dahlia and Mark discuss the outrageous ruling that creates (but really, revives) a de facto total ban on abortions in Arizona. They also explain why the EMTALA case from the show isn’t being talked about as much as the recent mifepristone case was. 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.
Learn more about your ad choices. Visit megaphone.fm/adchoices

Donald Trump and the Apex of MAGA Misogyny

Download our free app to listen on your phone