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Slate Podcasts

Politics, News, News Commentary

4.56K Ratings

🗓️ 17 October 2015

⏱️ 30 minutes

🧾️ Download transcript

Summary

Dahlia speaks with law professor Robert J. Smith about Montgomery v. Louisiana, a Supreme Court case that focuses on a man who has served 53 years in prison for a murder he committed as a juvenile.Please let us know what you think of Amicus. Our email is amicus@slate.com. Subscribe to our podcast here.Want a transcript of this week’s episode? They’re all available to members of Slate Plus on our show page. If you're not a Slate Plus member, consider becoming one -- members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial here.Amicus is sponsored by the Great Courses, offering a series of lectures about business and presentation—including Scientific Secrets for a Powerful Memory, How Conversation Works, The Art of Public Speaking, and Influence: Mastering Life’s Most Powerful Skill. Order any one of these courses for only $9.95 for a limited time at TheGreatCourses.com/amicus.And by The Rachel Maddow Show on MSNBC. Watch Rachel as she breaks down the big headlines for the local threads that tie them all together. It’s the Rachel Maddow Show … covering America one story at time. Weeknights at 9 Eastern only on MSNBC.

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Transcript

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0:00.0

Amicus is sponsored by The Great Courses, offering a series of lectures about business and presentation, including scientific secrets for a powerful memory, how conversation works, the art of public speaking, and influence mastering life's most powerful skill.

0:14.1

Order any one of these courses for only 9.95 for limited time at the greatcourses.com slash amicus.

0:21.0

And by the Rachel Maddow show on MSNBC, watch Rachel as she breaks down the big headlines for the local threads that tie them all together.

0:29.1

It's the Rachel Maddow show covering America one story at a time, weeknights at 9 Eastern, only on MSNBC.

0:39.3

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

0:43.6

I'm Dahlia Liffwick, Slate's Supreme Court correspondent.

0:46.5

And if you're a regular listener to this podcast, you know that I am a huge believer in the

0:51.8

principle that everyone, I mean everyone, can get a lot out of listening to oral argument at the Supreme Court.

0:58.1

It's just not as complicated as you think it is.

1:01.0

But this past Tuesday in a case called Montgomery v. Louisiana, the issue before the court, while it was fairly simple, was really complicated.

1:11.4

So complicated, we almost didn't hear about the core issue we want to talk about today.

1:16.5

Now, the question before the court was pretty clear.

1:19.8

In 2012, the Supreme Court decided that mandatory life without parole sentences for juvenile killers were unconstitutional.

1:29.3

The issue in Montgomery is simply whether that applies retroactively to juveniles who were sentenced long before. And in this

1:35.2

particular case, the juvenile in question is 69-year-old Henry Montgomery, who's been in jail

1:40.9

for a killing he committed 52 years ago. We didn't talk about Montgomery or even juvenile killers much this week

1:47.8

because the court was engaging in this battle royal over technical roadblocks.

1:52.8

Have a listen to Richard Bernstein, the oral advocate that was appointed to the court

1:57.2

to explain why the court shouldn't even be hearing this appeal.

2:01.2

In today's case, there is no jurisdiction over that question because the point of Section

2:05.8

1257 is to enforce the supremacy clause.

2:09.2

And the supremacy clause states that when, quote, the laws of the United States, unquote,

...

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