Fundamental Rights Doublespeak
Amicus With Dahlia Lithwick | Law, justice, and the courts
Slate Audio
4.6 • 3.4K Ratings
🗓️ 9 April 2022
⏱️ 77 minutes
🧾️ Download transcript
Summary
On the great legal history episode of Amicus, host Dahlia Lithwick is joined first by David Gans, director of the Human Rights, Civil Rights, and Citizenship Program at the Constitutional Accountability Center. While GOP Senators used the Ketanji Brown Jackson hearings to take potshots at important ideas like unenumerated rights and substantive due process to score points with their base, the talking points became entrenched in political discourse. Does it matter? Of course it does.
Later in the show, Dahlia is joined by Rund Abdelfatah co-host and producer of NPR’s podcast Throughline. The podcast explores the history behind current events. Dahlia and Rund talk about Throughline’s episode Pirates of the Senate to take a closer look at the history behind the filibuster, and explore why so many of our ideas about the filibuster are just plain wrong.
In our Slate Plus segment, Dahlia is joined by Mark Joseph Stern on the Judge Ketanji Brown Jackson confirmation, a case creating a new constitutional bar against malicious prosecution, and more shadow docket shenanigans.
Podcast production by Sara Burningham and Cheyna Roth.
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Transcript
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| 0:00.0 | Why does American democracy look the way it does? |
| 0:02.8 | And how can we make it more responsive to the people it was formed to serve? |
| 0:06.8 | Democracy Decoded, a podcast by Campaign Legal Center, |
| 0:10.4 | examines our government and discusses innovative ideas that could lead to a stronger, more transparent, |
| 0:16.8 | accountable and inclusive democracy. |
| 0:19.4 | In season two, host Simone Leeper covers everything you need to know about voting in the US. |
| 0:24.9 | Listen to the latest season at democracydecoded.org or wherever you get your podcasts. |
| 0:47.7 | Hi and welcome to Amicus. This is Slates Podcast about the Courts and the Law and the Supreme Court. |
| 0:53.7 | I am Diallithwick. I cover those things for Slate. |
| 0:57.0 | And since our last show, Judge Katanji Brown Jackson, has not only sailed through to confirmation, |
| 1:04.1 | but she managed to do so with some Republican votes. |
| 1:08.3 | And on top of that, polling suggests she may prove to be the most popular Supreme Court nominee |
| 1:15.0 | slash confirmed justice in modern history. |
| 1:18.1 | Now history may also recall that the effort to smear her largely failed in the long run, |
| 1:25.2 | but boy oh boy, the stupid was strong throughout this process. |
| 1:30.3 | Constitutially unsound rulings like Griswold versus Connecticut, |
| 1:35.9 | Kiloversicity of New London and NFIB versus Sibelius, |
| 1:41.2 | confused Tennesseeans and loved Congress wondering who gave the court permission to bypass, |
| 1:47.7 | our system of checks and balances. |
| 1:50.5 | So you would be okay with the Supreme Court leaving the question of interracial marriage to the states? |
| 1:56.0 | Yes, I think that that's something that if you're not wanting the Supreme Court to weigh in |
| 2:02.0 | on issues like that, you're not going to be able to have your cake and eat it too. |
... |
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