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

Amicus With Dahlia Lithwick | Law, justice, and the courts - What Would Brandeis Do?

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

Slate Audio

News Commentary,, Government, News

4.6 • 3.4K Ratings

🗓️ 11 June 2016

⏱️ 49 minutes

🧾️ Download transcript

Summary

Much of the legal world’s attention was focused this week on Donald Trump’s attacks on Gonzalo Curiel, the federal judge presiding over the Trump University fraud cases in California. The outrage centered on Trump’s insistence that the fact of Curiel’s Mexican ancestry should disqualify him from the case, considering Trump’s declared intent to build a border wall. We discuss Trump’s stance – and its historical antecedents – with Deborah Rhode, founding director of Stanford University’s Center on Ethics. And we sit down with Jeffrey Rosen to talk about the far-reaching legal mind of Justice Louis Brandeis, confirmed to the Supreme Court 100 years ago this month. Rosen is the author of the new book Louis D. Brandeis: An American Prophet.  Transcripts of Amicus are available to Slate Plus members. Sign up for a free Slate Plus trial here. 

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Podcast production by Tony Field.


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Transcript

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0:00.0

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

0:07.5

I am Dahlia Lithwick, and I cover the High Court for Slate.

0:12.8

Well, it's been another relatively quiet week at the highest court in the land, with the exception of a tiny administrative snafu on Monday,

0:20.1

where the justices were briefly a little confused about which part of a tiny administrative snafu on Monday, where the justices were

0:21.3

briefly a little confused about which part of a case they had in fact agreed to decide next

0:26.6

term. And while usually this time of year, June before the end of the term, is hopping and crazy,

0:33.7

it's been quiet enough that we thought maybe we'd take a little time to reflect on history.

0:40.0

So later in the show, we're going to speak with the National Constitution Center's Jeffrey Rosen

0:45.2

about his wonderful new biography of Louis Brandeis.

0:48.8

But we wanted to start the show with one more current event.

0:53.4

And for the most part, much of the legal world's attention

0:56.1

has been focused this week on Donald Trump and his attacks on Gonzalo Curiel, the federal

1:03.2

judge who is currently presiding over the Trump University fraud cases in California.

1:09.1

Trump somehow managed to offend surprising numbers of establishment Republicans and no small

1:15.5

number of everybody else when he said last week that Judge Curiel was biased and should

1:21.4

be bumped off the cases because Judge Curiel is Mexican.

1:25.4

He isn't.

1:26.5

And then later, he said he should be bumped off the cases

1:29.9

because he is of Mexican descent and thus predisposed to rule against Trump because of Trump's

1:35.5

plans to, well, build a huge wall. Joining us to discuss the ethical problems surrounding

1:42.0

judicial recusal is Professor Deborah Rody, for whom I have

1:45.8

tremendous personal bias as she teaches at my alma mater, Stanford Law School, where she is founding

...

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