Hey Dahlia, why is the appointment of Jack Smith supposedly unconstitutional?

It's complicated.

I'm Renato Marryage. I'm a former federal prosecutor practicing lawyer and legal analyst and I'm

Dalia Lythwick I cover the courts in the law for slate and I host their

weekly podcast Amicus.

And we're here to help you understand topics that can't be boiled down into a sound bite or a tweet. So Dahlia, just to make sure all of our listeners know what's going on here, Asha's on vacation.

She is having way more fun than the two of us.

And Dolly is somebody I've admired for so long as a podcast host. And somebody who's

who's been really covering the Supreme Court.

And I thought this would be a good week for us to talk

because there's so much here really about the Supreme Court and how the Supreme Court in many ways has led us into the situation that we have today.

The US Supreme Court has changed the course of American history and then as you say

Judge Aileen Cannon in Florida picks up the sort of mantle and says I guess if we can just overturn

precedent from below I too can change the course of American history and so

there's an amazing sort of knock-on effect of the

court making stuff up as they go along which is that then you get district court

judges who think that they too can make stuff up all along and I know we're going to talk about Maralago, but I think it's fair to say this is a contagion, right? I mean this is Judge Kuzmerich, this is the Fifth Circuit, this is Judge Kuzmerik this is the Fifth Circuit this is Judge

Cannon and I just think that we're in a moment and I guess this is kind of why

we're here where precedent is unprecedented, where dissent in a case, a solo

dissent in a case on an issue that was neither brief nor argued is then held up as like this is actually the law and

I think for listeners who kind of can't figure out why lawyers are so freaked out

right now it's because this is like the architecture of

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