4 • 1.1K Ratings
🗓️ 5 June 2025
⏱️ 12 minutes
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0:00.0 | I am Dahlia Lithwick, and this is Amicus, Slate's podcast about the courts and the law and the Supreme Court. |
0:17.0 | And we are bringing you an opinioninion Palooza special episode. |
0:27.7 | On Thursday morning, the High Court did a whole bunch of very late spring docket cleaning, |
0:34.1 | churning out six decisions of which virtually all were unanimous or nearly unanimous, |
0:38.8 | and one was to note that they were regretful about taking a case. |
0:45.4 | Now, even though the subjects at hand are big, hot button issues, reverse discrimination, |
0:52.7 | religious liberty, guns, the opinions were in fact pretty narrow and sober and, dare I say, |
0:54.8 | kind of humble and minimalist. Mark Joseph Stern is here to talk about some of these decisions and about the court's ability |
0:59.7 | to play nicely when the occasion requires as much. |
1:05.2 | Hi, Mark. |
1:06.5 | Hi, Dahlia. |
1:07.9 | So let's start maybe with Ames versus Ohio Youth Department. |
1:13.1 | This is a case about quote-unquote reverse discrimination and the standard of proof that is required by members of a majority group claiming to have been fired in this case for not being gay. |
1:25.8 | Katanji Brown-Jackson writes on a unanimous opinion for the court saying what? |
1:30.4 | So Katanji Brown Jackson wrote that even if you are a member of a majority group, you don't face any heightened burden to state a claim of workplace discrimination. |
1:43.2 | The Sixth U.S. Circuit Court of Appeals held |
1:45.8 | otherwise. The Sixth Circuit held that if you're a member of a majority group, so if you are |
1:50.6 | white, if you are a man, if you are heterosexual, you must show background circumstances to |
1:56.4 | support the suspicion that you faced discrimination, even though you are normally not a victim of |
2:04.6 | discrimination. You are typically, more frequently, the discriminator. And Justice Jackson said, |
2:10.0 | nope, that is not the rule. That appears nowhere in the text of Title VII. We are going to overturn |
2:16.8 | that principle and state that no matter |
... |
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