How SCOTUS Enabled The Explosion of Anti-Trans Laws

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3.9 • 1.1K Ratings

🗓️ 3 June 2023

⏱️ 63 minutes

🔗️ Recording | iTunes | RSS

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Summary

This episode is a part of Opinionpalooza. Slate’s coverage of Supreme Court decisions. We consider this coverage so essential that we’re taking down the paywall for all of it. If you would like to help us continue to cover the courts aggressively, please consider joining Slate Plus. And sign up for the pop-up newsletter to see the latest every week in your inbox.

On this week’s Amicus, a sobering interview between Dahlia Lithwick and the ACLU's Chase Strangio. Chase is deputy director for Transgender Justice with the ACLU’s LGBT and HIV Project and a nationally recognized expert on trans rights. . The sheer number and breadth of proposed new laws targeting trans people is breathtaking, and they are coming from some familiar quarters if you follow the Supreme Court and abortion law. This conversation helps to set the stage for the end of the Supreme Court’s term by looking beyond the cases being decided this month at One, First Street, and toward the legal landscape, and the systems and groups that are shaping that landscape for the rest of us. In the second half of the show, Dahlia is joined by her jurisprudential co-pilot Mark Stern. They talk about why everyone on Twitter hates Mark (hint: people have strong feelings about Justice Alito’s recusal ethics), the labor case that was not as bad for unions as maybe could have been (but is still NOT GREAT), and Mark floats his theory that Supreme Court Justices just don’t want to go back to the office full time and that’s why we’re getting a dribble of decisions now… And might get a firehose of them later this month.

In this week’s Amicus Plus segment, we return to Washington DC and our Full Court Press live show at Sixth and I, where Mark and Dahlia were joined by Congressman Hank Johnson of Georgia’s 4th District. Rep. Johnson is the ranking member of the House Judiciary subcommittee that oversees the federal courts, including the Supreme Court. They talk court reform and modernizing the judiciary, and why term limits and court expansion are vital to both.

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Transcript

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0:00.0	Hi and welcome back to Amicus. This is Slate's podcast about the courts and the law and
0:09.8	the Supreme Court, and I'm Diallithic. I covered those things for Slate. If you opened
0:16.4	up your podcast player this morning and were all like, whoa, Amicus looks different, I'm
0:21.0	going to admit we have had a little bit of work done. We wanted to be end of term ready
0:26.2	with our new look, and I don't know, we think you'll agree it's taken years off us, and
0:32.2	that new look is part of a very busy time here on the show and at the magazine. You are
0:38.4	finding yourself at the start of what we're going to call opinion polusa, the last frantic
0:44.4	weeks of the 2022 term at the High Court, and the plan is to get almost 30 opinions out
0:50.4	in cases that will reshape the landscape on voting rights, affirmative action, tribal
0:55.1	sovereignty, LGBTQ anti-discrimination laws, and more four years to come. Amicus is going
1:02.3	to be coming to you weekly through June, and we will also be bringing you extra episodes
1:07.0	in the immediate aftermath of the biggest decisions as part of our commitment to trying to cover
1:12.4	the court differently this year. In a few minutes, we're going to talk to Mark Joseph
1:17.2	Stern about the justices varying and complicated commitments to explaining their recusals in
1:24.0	cases where they have conflicts, and we're going to talk about a union case that came
1:27.8	down not as badly as we thought against labor. Even later on in the show, we're going to
1:35.0	tackle court reform and the desperate need to modernize the judiciary with Representative
1:41.0	Hank Johnson, congressman from Georgia. We taped that conversation as part of our live
1:46.6	full court press show in Washington DC at 6th and I last week. That conversation will
1:52.5	be available to our Slate Plus members. Slate Plus members support all the work we are
1:58.0	doing here at Slate. You're such an important reason that we can offer this level of court
2:04.1	coverage. So thank you as always for your support. But first, we realize that one of our
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