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Amicus With Dahlia Lithwick | Law, justice, and the courts

Amicus With Dahlia Lithwick | Law, justice, and the courts - Clarence Thomas is Color Blind

Amicus With Dahlia Lithwick | Law, justice, and the courts

Slate Audio

News Commentary,, Government, News

4.63.4K Ratings

🗓️ 28 May 2017

⏱️ 40 minutes

🧾️ Download transcript

Summary

This week, the Supreme Court handed down a decision that caught some Court-watchers off-guard. It ruled that North Carolina lawmakers had violated the Constitution by using race as a proxy for divvying up voters along partisan lines. And it was surprising because the swing vote invalidating the gerrymander came from none other than Justice Clarence Thomas. On this week’s episode, we parse the outcome of Cooper v. Harris -- and what it portends for future redistricting litigation -- with Slate legal writer Mark Joseph Stern.

We also sit down with Jorge Barón, executive director of the Northwest Immigrant Rights Project. Each year, that group provides assistance to thousands of immigrants threatened with deportation. But last month, the NWIRP received a strange cease-and-desist letter from the U.S. Department of Justice, threatening its ongoing legal work and raising some concerns that the group is being singled out for its defense of immigrants caught up in the first iteration of President Trump’s travel ban. 

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Podcast production by Tony Field. 


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Transcript

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0:00.0

It's the equivalent of there being a mass casualty event, and you're a doctor trying to stem the bleeding from a number of different patients.

0:09.2

And somebody comes in and tells you, actually, you can't help all those people.

0:12.4

You just got to, like, stick with one.

0:17.3

For decades, states like North Carolina have gerrymandered on the basis of race and then gone into court and said all we were really doing was sticking it to Democrats.

0:27.2

They can't do that anymore.

0:32.9

Hi, and welcome to Amicus, Slate's podcast about the law and the courts and the Supreme Court.

0:38.5

I'm Dahlia Lithwick.

0:40.1

Now, if you're a longtime listener of this show, you've probably noticed a little shift away since, say, last fall, from what had been a pretty single-minded focus on the show on the highest court in the land. With law-related fireworks going off all over

0:56.8

the place since inauguration, we've been trying to do our best biweekly to keep up with

1:02.5

everything. Now, before this Jim Comey situation blew up, a lot of those fireworks had to do with

1:09.1

Trump's possibly unconstitutional travel ban.

1:12.4

And today on the show, we have for you yet another installment in travel banorama.

1:19.9

Turns out the Justice Department is actually going after some of the immigration attorneys in Seattle,

1:24.8

who so happened to have been involved on behalf of immigrants in the travel ban wars earlier this year.

1:32.5

But first, the court.

1:35.2

And this week, with the president abroad and the budget and health care scoring and everything else happening here at home, you may have actually missed a surprising big, huge decision that came

1:45.2

down from the Supreme Court, which still is somehow doing stuff. The case involved race and

1:52.1

gerrymandering, and we actually covered it on the show. What was surprising was the very

1:57.4

odd grouping of justices in the majority. So this was a case that we covered when it was argued in December. It posed a question about whether two gerrymanders approved by the North Carolina legislature violated the 14th Amendment because they were driven by race considerations instead of just political considerations. Keep that in your head. We'll get back to it.

2:18.9

Now, eight justices heard the case. Cooper v. Harris. Neil Gorsuch was not yet on the court.

2:24.4

On Monday, all eight of them agreed that one of the majority minority districts in question,

2:29.6

District 1 was in fact unconstitutionally gerrymandered. but as to District 12, the court split 5.3 and the

...

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