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

Where We Draw the Line

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

Slate Audio

News Commentary,, Government, News

4.63.4K Ratings

🗓️ 10 December 2016

⏱️ 38 minutes

🧾️ Download transcript

Summary

On Monday, the Supreme Court heard arguments in McCrory v. Harris and Bethune-Hill v. Virginia Board of Elections, two challenges to Republican gerrymandering efforts that resulted in the creation of majority-minority voting districts. At issue is whether lawmakers in Virginia and North Carolina were motivated primarily by racial considerations or only secondarily so. Marc Elias, the lawyer who represented the challengers in both cases, joins us to explain why the distinction is so critical. We also consider the revolt that’s underway in the Electoral College. A small group of electors calling themselves the Hamilton Electors are seeking to be unbound from state requirements that they vote as their state voted. Legal scholar Carolyn Shapiro explains why she believes the Hamilton Electors should be taken seriously. Transcripts of Amicus are available to Slate Plus members. Consider signing up today! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial here. Amicus is brought to you by the Great Courses Plus, a video learning service with a large library of lectures all taught by award-winning professors. Get a free month of unlimited access when you sign up at TheGreatCoursesPlus.com/amicus. And by First Republic Bank. At First Republic, the staff takes the time to know your business and customize solutions to help you reach your goals. Visit FirstRepublic.com today to hear what their clients say about them. Please let us know what you think of Amicus. Our email is amicus@slate.com. Follow us on Facebook here. Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcript

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0:00.0

Hi and welcome to Amicus. This is Slates Podcast about the US Supreme Court. I am Dialithmic

0:08.0

and I cover the Supreme Court and other courts for Slate. And it was a busy week at the

0:13.6

High Court, although the justices appear to be passing around a wicked winter cold.

0:19.0

I should note that Justice Ruth Bader Ginsburg sniffles triggered widespread hysteria

0:24.1

and panic among liberal court watchers and I am here to assure you that it really was

0:28.7

just a cold. The court heard arguments in several cases this week and handed down some

0:35.0

opinions a few of them notably were unanimous. Because this seems to be a thing now. We're

0:40.9

in a new era where the court in its eight justice period comes down unanimously or in

0:47.4

4-4 splits or terrified of future 4-4 splits which may partially explain the three cases

0:54.3

the court has already agreed to here but still hasn't put on the calendar for this term.

1:01.1

Now we're coming at you today just over a month after the election but voting is not

1:06.2

fading into the background for court watchers far from it. In part that's because of the

1:11.2

recounts that are happening in various states that we've been hearing about. It's also

1:15.5

partly because there are voter ID laws working their way up through the judicial system and it's

1:21.1

also because we are now in the lead up to the next decennial census and all the legislative

1:27.1

redistricting that will follow that census. Later on in the show we're going to talk a little bit

1:32.6

about the electoral college and specifically about a small revolt that is underway on the part

1:37.6

of a few members of that college but first we're going to turn to the subject of redistricting

1:43.1

which was the topic to Jormunday at the Supreme Court. The justices heard not one but two arguments

1:49.7

in cases involving the drawing of district lines at the state level one out of Virginia the other

1:55.7

from North Carolina. Both of these cases are challenges to district maps drawn by Republican

2:01.5

legislatures. The challengers argued that by intentionally creating several majority African

...

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