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

Fulton: Bigger Than We Thought?

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

Slate Audio

News Commentary,, Government, News

4.63.4K Ratings

🗓️ 18 June 2021

⏱️ 43 minutes

🧾️ Download transcript

Summary

As the big decisions for the term start to cascade down from the high court, Dahlia Lithwick is joined by one of the nation’s foremost thinkers and writers about the Supreme Court: Dean Erwin Chemerinsky of Berkeley Law School. Together, they unravel the ruling on the Affordable Care Act, try to discern the significance of the unanimous decision in Fulton, and Dean Chemerinsky outlines why he’s calling on Justice Stephen Breyer to step down.  

In our Slate Plus segment, Mark Joseph Stern explains the other big decision in Nestle v Doe, and whether the pessimism around Fulton is warranted. 

Podcast production by Sara Burningham.

Need to set up your Slate Plus feed? If you subscribed through Slate.com, check out our FAQ at slate.com/podcastfaqs for easy instructions. Members subscribed via Apple Podcasts get automatic access—no setup required.


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Transcript

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0:00.0

It's not that the court said that Philadelphia is giving exceptions to others,

0:11.1

but not giving exceptions to the Catholic Church.

0:14.0

The court's saying the very possibility of exceptions is what makes this religious discrimination.

0:20.4

And that to me is a very troubling holding.

0:32.6

Hi, and welcome back to Amicus.

0:35.0

This is Slate's podcast about the courts and the law and the rule of law and the U.S. Supreme Court.

0:40.9

I'm Dahlia Lithwick.

0:41.9

I cover the courts for Slate.

0:43.7

This week was a really, really big one at the U.S. Supreme Court as some of the biggest decisions of the 2020 term came down with some really surprising and interesting lineups. And we are popping the show

0:57.6

into your feeds a day early only because Thursday was such a huge decision day. The next two

1:04.0

weeks are going to see the remaining 15 cases decided and we will be watching for our year-end

1:10.1

breakfast table. But for this show, we're going to

1:13.4

dig into the decisions that came down this week with Dean Irwin Chemerinsky, a dear friend of

1:19.7

this show, an unparalleled explainer of the law, the Constitution, and the Supreme Court.

1:25.9

Later on in this episode, Slate Plus listeners are going to have a chance to listen to my

1:30.0

biweekly behind-the-scenes banter with Slate's very own Mark Joseph Stern, where we delve

1:35.9

into the jurisprudence that we couldn't quite get to on the main show or perhaps we're

1:41.8

too polite to get to on the main show. If you're not a Slate Plus member,

1:46.6

your very first month is just a dollar and you can sign up at slate.com slash amicus plus.

1:52.9

Slate plus members support all of the journalism we do here at the magazine. We are ever so

1:57.8

grateful always for that. You can find out more about the perks of membership at slate.com slash amicus plus and thank you.

2:06.4

So let us get this show on the road with me to talk about this week at the High Court one of my all-time favorite amicus guests, Erwin Chemerinsky.

...

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