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Amicus With Dahlia Lithwick | Law, justice, and the courts - A Bird with a Broken Wing

Slate News

Slate Podcasts

News, News Commentary, Politics

4.5 • 6K Ratings

🗓️ 28 May 2016

⏱️ 41 minutes

🧾️ Download transcript

Summary

Despite many appearances to the contrary, Supreme Court Justice Stephen Breyer this week told an interviewer that the Court has not been diminished by the Senate’s inability to fill its empty seat. On this episode, Dahlia considers that claim with The Atlantic’s Garrett Epps. She is also joined by legal scholar Jonathan Adler, who weighs in on Donald Trump’s recently released shortlist of potential Supreme Court nominees. Adler counts himself among the conservatives who are deeply troubled by the prospect of Trump’s impact on the judiciary were he to be elected president.

You can listen to past episodes of Amicus here. Transcripts of Amicus are available to Slate Plus members. Consider signing up today! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial today here. 

Please let us know what you think of Amicus. Our email is amicus@slate.com. 

Amicus is sponsored by The Great Courses Plus, a new video service with thousands of lectures on dozens of topics. For a limited time, Amicus listeners can stream Influence: Mastering Life’s Most Powerful Skill—and hundreds of other courses—for free. Just visit TheGreatCoursesPlus.com/amicus.

Podcast production by Tony Field.


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Transcript

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0:00.0

Amicus is sponsored by The Great Courses Plus, a new video service with thousands of lectures on dozens of topics.

0:06.7

For a limited time, amicus listeners can stream influence, mastering life's most powerful skill, and hundreds of other courses.

0:13.3

For free, just visit the greatcoursesplus.com slash amicus.

0:26.5

Welcome to Amicus Slate Supreme Court podcast.

0:27.8

I'm Dahlia Lithwick.

0:29.1

I cover the court for Slate.

0:34.3

And I'm holding my breath, just like a whole lot of you, as this month of June ushers in a whole lot of something or a whole lot of nothing or at least

0:39.1

the end of a term that is now just limping toward the finish line. This week, the Supreme

0:44.4

Court only had decisions one day, accepted no new cases for next term, but handed down some

0:51.0

important decisions in several cases, including Foster v. Chapman.

0:55.2

That was an important jury selection case that we covered on the podcast last fall.

0:59.6

This was the case where prosecutors were pretty much on record, literally highlighting the names of

1:04.3

African Americans in the jury pool in Green Highlighters so they could be eliminated from that

1:09.8

pool in advance. the court ruled by a

1:12.5

seven to one margin that this move had indeed been unconstitutional.

1:17.2

Week before, the court punted on another big, big ticket case, Zubik v. Burwell.

1:22.4

That case centered on the Obamacare contraception mandate.

1:26.0

There, the justices more or less just instructed the parties

1:28.8

and the lower courts to, well, work it out amongst themselves.

1:33.4

There's also been a clutch of four-four ties,

1:35.6

but for the most part, what we're seeing,

1:37.6

this term is the court disposing of what might have been

...

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