Amicus With Dahlia Lithwick | Law, justice, and the courts - The Supreme Court Gave Itself Huge Extra Powers and It’s Becoming a Big Problem

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4.5 • 6K Ratings

🗓️ 13 January 2024

⏱️ 65 minutes

🔗️ Recording | iTunes | RSS

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Summary

There’s an ever-growing queue of cases concerning Donald Trump headed for the Supreme Court that threaten to further dent the legitimacy of an institution that has tumbled in the public’s estimation in the last few years. This week’s show examines some of the interlocking issues raising the already sky-high stakes at One, First Street. First, Dahlia Lithwick kicks off the show with an update from Slate’s Law of Trump chief correspondent Jeremy Stahl about arguments in Trump’s immunity appeal at the DC Circuit Court this week. Next, we turn to a conversation with Professor Ben Johnson, an Associate Professor of Law at the University of Florida Levin College of Law. He recently wrote about the very long history of how the Supreme Court granted itself vast power to shape the law and policy by picking and choosing not only which cases it would hear, but also which questions it would answer when it hears those cases. Next week’s arguments in Loper Bright Enterprises v Raimundo are a case in point, and the question of questions also poses a conundrum for a court in a downward legitimacy spiral, as a parade of Trump cases head toward the High Court.

In this week’s Amicus Plus segment, Dahlia is joined by Slate’s Jeremy Stahl to discuss the bread and circus of closing arguments in the Trump Organization civil fraud trial in New York, and the next phase of litigation involving the former President and E Jean Carroll that gets underway next week.

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Transcript

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0:24.0	CODEK slash Special Offer. Hi and This is Slate's podcast about the courts and the law and the Supreme Court and that funny little thing we call democracy.
0:48.0	I'm Dahlia Lithwick. That's my beat at Slate.
0:51.0	And 2024 seems to be beginning as it is most likely to proceed
0:56.4	leaving us longing for the lower stakes pedestrian constitutional crises of
1:02.4	years gone by. Industrial Crisis have some kind of free-floating blanket immunity from criminal prosecution because they think
1:17.7	they do.
1:19.2	Arguments did not go well for the former commander-in-chief.
1:22.8	And on Thursday, Donald J. Trump tried to bring his carnival barking skills
1:27.6	to closing arguments of the New York civil fraud trial that threatens the Trump organization.
1:34.0	Today we're going to check in briefly with our Trump law correspondent Jeremy Stahl
1:38.0	for an update on whether the slow crawl of legal accountability can put its gates on before the November
1:45.0	elections and then we're going to focus our energies on an issue we promise
1:49.6	listeners to probe much more deeply. It comes in the form of a case called Loper Bright v
	...

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