meta_pixel
Tapesearch Logo
Log in
Slate Daily Feed

Amicus | Sneak Preview: Unanimous Opinions Out Front, Desperate Dealmaking Out Back

Slate Daily Feed

Slate Podcasts

News, Business, Society & Culture

41.1K Ratings

🗓️ 5 June 2025

⏱️ 12 minutes

🧾️ Download transcript

Summary

This is part of ⁠Opinionpalooza⁠, Slate’s coverage of the major decisions from the Supreme Court this June. The best way to support our work is by joining ⁠Slate Plus⁠. (If you are already a member, consider a ⁠donation⁠ or ⁠merch⁠!)Also! Sign up for ⁠Slate’s Legal Brief:⁠ the latest coverage of the courts and the law straight to your inbox. Delivered every Tuesday. Dahlia Lithwick hosts an 'Opinionpalooza' special of Amicus, covering Thursday’s decisions from the Supreme Court. She and Mark Joseph Stern dive into Ames vs. Ohio Youth Department, discussing Justice Ketanji Brown Jackson’s opinion on reverse discrimination, Justice Sonia Sotomayor’s refreshing nod to the establishment clause in the Catholic Charities case, and Justice Kagan’s narrow decision in Mexico’s lawsuit against US gun sellers; a decision that was not the win the gun lobby hoped for. Together, they reveal the strategy emerging from the court’s liberals this term. The episode wraps up with a deep dive into an uptick in dismissed cases and its potential link to audacious former Supreme Court clerks. Want more Amicus? Join Slate Plus to unlock weekly bonus episodes with exclusive legal analysis. Plus, you’ll access ad-free listening across all your favorite Slate podcasts. You can subscribe directly from the Amicus show page on Apple Podcasts and Spotify. Or, visit slate.com/amicusplus to get access wherever you listen. Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcript

Click on a timestamp to play from that location

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

...

Transcript will be available on the free plan in 10 days. Upgrade to see the full transcript now.

Disclaimer: The podcast and artwork embedded on this page are from Slate Podcasts, and are the property of its owner and not affiliated with or endorsed by Tapesearch.

Generated transcripts are the property of Slate Podcasts and are distributed freely under the Fair Use doctrine. Transcripts generated by Tapesearch are not guaranteed to be accurate.

Copyright © Tapesearch 2025.