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

Immigration: Whose Call Is It Anyway?

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

Slate Audio

News Commentary,, Government, News

4.63.4K Ratings

🗓️ 3 February 2018

⏱️ 36 minutes

🧾️ Download transcript

Summary

This week the high court is on its winter break, but the team here at Amicus wanted to talk about DACA, the travel ban, and issues around immigrants, refugees, and the law. We talk Americanism. Who is American and how? What do the courts have to say about who can be here and who cannot? What role do the courts play in figuring out who belongs here and who doesn’t? To tackle these thorny and sometimes super-wonky questions, Dahlia Lithwick is joined by Stephen Vladeck who teaches law at the University of Texas. Vladeck’s teaching and research focus on federal jurisdiction, constitutional law, and national security law. He’s CNN's Supreme Court analyst, co-editor in-chief of the Just Security blog, and a senior contributor to the Lawfare blog. Transcripts of Amicus are available to Slate Plus members several days after each episode posts. To learn more about Slate Plus, go to slate.com/amicusplus. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcript

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0:00.0

The courts have actually succeeded in slicing off the low-hanging fruit, and now we're actually

0:11.3

having a serious debate about how much discretion the president has in immigration policy.

0:16.4

Hi, and welcome back to Amicus, late's podcast about the courts and the Supreme Court

0:24.2

and the law and the Constitution and all that good stuff.

0:27.8

I'm Daya Lysweak. I cover the courts and the law for Slate magazine.

0:31.4

And this week, the high court is out still on its long winter break.

0:36.3

But the team here at Amicus thought it might be a good moment to talk a little bit about America.

0:43.0

Just gonna go with that. And this sort of large,

0:47.5

roiling conversations we're now having in the courts around DACA,

0:51.9

around the travel ban, around sanctuary cities. It seems as though there is this new

0:57.4

urgency to figure out who belongs here, who doesn't, and who gets to pick.

1:02.9

And there is no one I'd rather talk about that with then Steve Latak. He teaches law at the

1:08.5

University of Texas. His teaching focuses on federal jurisdiction, constitutional law, and national

1:14.2

security. He's also a CNN Supreme Court analyst and co-editor in chief of the Just Security blog.

1:21.6

And so Steve, you've been with us, but it's been a long time. So thank you for coming back to

1:25.5

join us on Amicus. Thank you for having me. So let me ask you that same framing question I just

1:31.5

started with, which is it seems as though there is a tremendous amount of litigation right now in

1:38.7

this country surrounding these existential questions about who is American, who gets to be American,

1:45.1

who gets to pick, who gets to sit in judgment of the kinds of folks that can come either as refugees

1:53.8

or as immigrants or even in some instances as visitors. So can you just talk in, you know, from

2:01.0

way, way, way lofty heights of levels of abstraction about this anxiety and how it connects in your

2:07.8

view to what Trumpism is all about a year in? Sure. I mean, it's funny. I actually had written a

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