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General Strike

Slate News

Slate Podcasts

News Commentary, Politics, News

4.56K Ratings

🗓️ 18 February 2017

⏱️ 48 minutes

🧾️ Download transcript

Summary

In 2010, a Mexican teenager in Juarez was shot to death by a Border Patrol agent on the U.S. side of the border. In Hernandez v. Mesa, set for argument next week, the Supreme Court will determine whether the boy’s parents can sue the agent in U.S. courts. We are joined by Deepak Gupta, the family’s attorney, to discuss the case and its potential implications on American intelligence activities abroad. 

We also sit down with Virginia Attorney General Mark Herring to discuss this week’s ruling by a federal judge in one of the lawsuits challenging President Trump’s travel ban. Herring explains why Virginia joined the plaintiffs in that suit, and what the role of state attorneys general will be in the next four years of the Trump era.                                                                                           

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Podcast production by Tony Field.

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Transcript

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0:00.0

I will never forget, I think she was an Iranian woman when she heard I was the Attorney General, pushed her way through the crowd, grabbed me by the coat and said, please help me. They have my five-year-old son and won't tell me anything.

0:14.4

I think when the Trump administration solicitor general's office stands up next week and says, you know, you should trust the executive and the courts have no role to play, that argument is going to have a lot less credibility now than it would have had a few months ago.

0:34.0

Hi, and welcome to Amicus. I'm Dahlia Lithwick. I cover the courts and the law for Slate.

0:41.0

So this week was an off week at the U.S. Supreme Court as Donald Trump's nominee for the year-old vacancy at the High Court made the rounds on Capitol Hill for his courtesy meetings.

0:52.0

But next week, the justices will be back in the saddle.

0:56.6

And among the cases they're going to hear is one that touches on immigration and border

1:01.2

patrol and the rights of foreigners inside the United States, all things with incredible

1:06.4

resonance today.

1:08.0

Later on in the show, we're going to speak to one of the lawyers involved in that

1:11.2

case, but first, we're going to turn to the continuing legal fallout from President Donald

1:16.4

Trump's executive order on immigration from just a few weeks back. Well, this week, a federal judge

1:22.3

in Virginia issued a preliminary injunction against that travel ban. This, of course, comes on the heels of

1:28.2

the recent decision from the Ninth Circuit, blocking implementation of Trump's new rules.

1:33.4

But this Virginia lawsuit was actually filed before the Washington State lawsuit, and it stems

1:38.0

from the case of the Aziz brothers, the two Yemenis, whose deportation back to Djibouti,

1:42.9

we talked about on this podcast only two weeks ago.

1:46.6

In the Virginia order from this week, the judge went further than the Seattle and Ninth Circuit judges and got to the constitutional merits of the case, finding that the ban was at least in part animated by religious prejudice toward Muslims. You may remember that the ban was, at least in part, animated by religious prejudice toward Muslims.

2:03.4

You may remember that the Commonwealth of Virginia itself joined onto the suit, arguing that the ban would impact public colleges and universities in the state.

2:12.9

Virginia Attorney General Mark Herring has been at the helm of this effort.

2:16.9

He scored a big win this week,

2:18.5

and he joins me now to explain what's going on with this suit. So Mr. Attorney General, welcome to

2:24.2

Amicus. Well, thank you very much for having me. This is the first podcast I've done before, so I'm

...

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