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Slate News

"Thank You," Not "Please"

Slate News

Slate Podcasts

News Commentary, Politics, News

4.56K Ratings

🗓️ 24 January 2015

⏱️ 33 minutes

🧾️ Download transcript

Summary

Dahlia Lithwick talks to Andrew Pincus, the lawyer who brought a Supreme Court challenge this week to a law banning fundraising by judicial candidates. And she hears from the NAACP’s Sherrilyn Ifill on the latest challenge to the Fair Housing Act.

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Transcript

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0:00.0

Welcome to Amicus, Slate's podcast about the law and the courts that interpret it.

0:08.8

I'm Dahlia Lithwick, Slate Supreme Court correspondent.

0:11.6

It's been a huge week at the Supreme Court.

0:14.5

Anniversary of Citizens United, anniversary of Roe v. Wade, acceptance of the same-sex marriage cases last week.

0:22.4

And thank you to a bad back injury. I missed all of it. But we have on our podcast today two people who were there this

0:28.1

week, and they're going to help fill us in on some of the action. In a few minutes, we're going to

0:32.4

discuss a case that was argued on Wednesday that considers a challenge to the Fair Housing Act,

0:37.2

a crucial civil rights law that barred discrimination in the housing market.

0:41.0

But first, we're going to dive into a case that was argued one day earlier on Tuesday.

0:45.2

It's called Williams-Yuley versus Florida Bar, and it centers on this foundational question.

0:50.5

When it comes to the First Amendment, should elected judges be considered regular people or special

0:55.5

judicial people, at least when it comes to asking for money? Here's the background. Thirty-nine states

1:00.9

elect their judges for at least some offices, and 30 of those 39 states have some kind of law or

1:06.5

ethics provision that prohibits judicial candidates from personally asking for campaign donations.

1:12.2

Now, this is supposed to discourage that awkward practice of judges seeking campaign contributions from those who will argue the case before them or parties who may appear before them.

1:20.9

The paradox in Florida is that a judge can't personally ask for a contribution.

1:25.7

Her campaign can, however. She can find out who contributed

1:29.1

and she can send a thank you note. In 2009, one Florida lawyer, Lanale Williams-Eulie,

1:35.0

sent out a mass mailing declaring that she was running for county judge and saying, quote,

1:39.5

I want to bring fresh ideas and positive solutions to the judicial bench. She wasn't asking for a lot,

1:45.8

contributions of $25, $50, $500, but she did run afoul over the Florida ethics rule.

1:53.0

Williams Yuley challenged that rule on free speech grounds, resulting in the case now before the court.

...

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