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Amicus With Dahlia Lithwick | Law, justice, and the courts - Opinionpalooza: The Vanishing Emergency Abortion Decision (Preview)

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News, Business, Society & Culture

3.91.1K Ratings

🗓️ 26 June 2024

⏱️ 8 minutes

🧾️ Download transcript

Summary

On Wednesday, the Supreme Court issued two important decisions in its traditional fashion: a box of printed copies for those journalists in the press room, and furious SCOTUS website refreshing for those who were not. 

Murthy v Missouri was one of the closely watched social media cases of the term, about “jawboning” or when and if the government can ask/prod/urge private social media companies to moderate content in the interest of things like public health or election integrity, or whether such conduct constitutes censorship. Snyder v US concerned corruption and the difference between bribes and gratuities under a federal corruption law. 

Somewhere in between the publishing of these opinions, however, the court inadvertently and very briefly published what may or may not be its opinion in a pair of emergency abortion cases, Moyle v United States and Idaho v United States. The Court spokeswoman urged us all to pay no attention to the early draft. Chaos ensued. On this extra, members-only episode of Amicus, Dahlia Lithwick is joined by Mark Joseph Stern to try to get our arms around a day of big news, including the “now you see it, now you don’t” abortion news at the highest court in the land. 

This is part of Opinionpalooza, Slate’s coverage of the major decisions from the Supreme Court this June. We kicked things off this year by explaining How Originalism Ate the Law. The best way to support our work is by joining Slate Plus. (If you are already a member, consider a donation or merch!)

This episode is member-exclusive. Listen to it now by subscribing to Slate Plus. By joining, not only will you unlock exclusive SCOTUS analysis and weekly extended episodes of Amicus, but you’ll also access ad-free listening across all your favorite Slate podcasts. Subscribe today on Apple Podcasts by clicking “Try Free” at the top of our show page. Or, visit slate.com/amicusplus to get access wherever you listen.


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Transcript

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0:00.0

Hi, it's Dahlia Lithwick, and we are thundering toward July, and the U.S. Supreme Court is doing so with some serious clown car energy, a dozen-ish opinions still to come, one of which momentarily slipped out on Wednesday morning, only to be stuffed back inside its box. In a huge break for

0:23.1

our colleagues at Bloomberg, in the Press Corps game of Refresh, refresh, refresh, refresh,

0:27.8

roulette on the Supreme Court.gov website, the court momentarily published its decision in a pair

0:35.5

of emergency abortion cases, and then just as quickly it was all gone.

0:40.9

Later, the court's press office published a statement claiming it was all a big mistake and the real

0:46.4

EMTALA decision will be, quote, issued in due course, end quote.

0:51.1

Even later, Bloomberg shared a copy of the fleeting decision in which the court looks to have decided to dig,

0:59.0

aka dismiss the two cases, as improvidently granted. On Wednesday morning, the court managed to

1:06.0

intentionally publish two important cases that ought not be lost in this shuffle. Murthy v. Missouri,

1:12.5

the so-called social media job-owning case, and Snyder v. U.S., a case about a federal

1:18.4

bribery and corruption statute. They're both more humdinger than humdrum, in part because

1:24.2

of what they signal about what the justices are thinking and feeling in these last few days in June,

1:29.7

and also because they just tell us so clearly how very badly the Fifth Circuit truly sucks.

1:37.0

Here's a taste of my conversation with Slate's Mark Joseph Stern,

1:41.1

senior writer on the courts and on the law for Slate and my ride or die here on

1:45.9

Amicus as we tried to wrap our heads around all of it.

1:50.1

Oh my God, Dahlia.

1:51.8

Hi, it's so great to be here with you, but do we have to be here at all?

1:55.4

Jesus, this is a bad one.

1:57.8

I just feel like we cover like fireflies, luminous, fleeting fireflies in the sky.

2:05.8

Or as somebody pointed out to me today, Schrodinger's EMTala decision. It's close. What's happening?

2:11.9

We don't know. Can we talk briefly? This feels like just at the most surface level, an epic, unforced error again from

...

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