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

Goodbye, General!

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

Slate Audio

News Commentary,, Government, News

4.63.4K Ratings

🗓️ 25 June 2016

⏱️ 52 minutes

🧾️ Download transcript

Summary

Marriage equality. Voting Rights. Obamacare. These are among the many enormously consequential causes that have fallen to Donald Verrilli to defend at the Supreme Court over the past five years. On this week’s episode, he looks back on some of the highlights – and lowlights – of his term as U.S. Solicitor General. We’re also joined by Sherrilyn Ifill, President of the NAACP Legal Defense Fund, to discuss this week’s big affirmative action win at the Supreme Court. Many court-watchers were surprised by Justice Anthony Kennedy’s vote in Fisher v University of Texas, but not Ifill. She tells us why. Transcripts of Amicus are available to Slate Plus members. Consider signing up today! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial today here

Amicus is sponsored by The Great Courses Plus, a new video service with thousands of lectures on dozens of topics. Right now, Amicus listeners can stream Influence: Mastering Life’s Most Powerful Skill—and hundreds of other courses—for free. Just visit TheGreatCoursesPlus.com/amicus. Please let us know what you think of Amicus. Our email is amicus@slate.com

Podcast production by Tony Field.

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Transcript

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0:00.0

Hi and welcome to Amicus, Slate's podcast about the U.S. Supreme Court.

0:07.2

I am Dahlia Lithwick and I cover the court for Slate.

0:12.1

It's been an eventful few days up there at one first street in Washington, D.C., but amid all the big decisions and the non-decions and the sort of decisions coming down from the court, you may have missed a different kind of insider Supreme Court news.

0:27.1

That being that the Solicitor General of the United States, Donald Farrelli, has just stepped down from his job.

0:33.3

And later on in this podcast, we're going to sit down with him on his very last day, Solicitor General, to talk about his time spent arguing on behalf of the American people.

0:42.1

But first, let's turn to at least some of the big action from the court this week.

0:46.9

On Thursday, we got a pair of four four splits into big, big cases, United States versus Texas, the challenge to President Obama's executive

0:55.6

actions on immigration, and also Dollar General, a case about tribal sovereignty on Choctaw

1:01.1

lands.

1:02.0

What that means is that the court has decided not to decide the opinion of the court below

1:06.6

stands, but only in the jurisdiction where it sits.

1:10.5

Perhaps the most surprising decision this week was the 4-3 decision in Fisher v. University

1:15.9

of Texas upholding on its second trip to the Supreme Court, an affirmative action policy

1:21.5

at UT that uses race as a factor in admissions.

1:25.9

Now, three years ago, in a case known as Fisher 1, the court sent this

1:29.6

same case back to the lower court in Texas with instructions to defer less to UT's claims.

1:35.4

But with Elena Kagan recused, and only seven justices left to decide the fate of race-based

1:40.7

affirmative action, on Thursday of this week, the majority decided to allow for at least some consideration of race in university admissions.

1:49.1

This is a disappointing loss for the plaintiff, Abigail Fisher, who had argued all along that the UT admissions policy discriminated against her as a white woman in denying her a space at the school.

2:00.0

This case started eight years ago, and it's clear, at least from the majority and dissenting opinions, that the justices are also a little weary.

2:08.2

Joining us to discuss the Fisher decision is Sherilyn Eiffel.

2:11.7

She's president of the NAACP Legal Defense Fund, or LDF, and they filed an amicus brief in this litigation.

...

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