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

The Supreme Court handed down a unanimous ruling this week in United States v. Hemani, holding that a marijuana user cannot be stripped of his Second Amendment right to own a firearm simply because he sometimes uses cannabis. Justice Neil Gorsuch wrote the majority opinion, leaning heavily on the founders' own well-documented love of alcohol to argue that responsible substance use has never historically disqualified Americans from bearing arms. Dahlia Lithwick and Mark Joseph Stern unpack the ruling, note what it does not settle about the still-murky Bruen test, and reflect on how dramatically the justices’ posture toward marijuana has shifted since the "Bong Hits for Jesus" case they decided less than two decades ago.
Then, Dahlia sits down with David Gans, director of the Human Rights, Civil Rights, and Citizenship Program at the Constitutional Accountability Center, to discuss his forthcoming Stanford Law Review article, Forgotten Framers: Black Conventions and the Second Founding. Between 1864 and 1869, Black Americans gathered in more than fifty conventions in packed churches and meeting halls across the country to demand equal citizenship, voting rights, bodily autonomy, protection from racial violence, and access to education. These conventions molded the Reconstruction amendments in ways that originalist jurisprudence ignores.
Gans explains how the Roberts court's colorblind reading of the Fourteenth and Fifteenth Amendments distorts this history by ignoring the explicitly race-conscious vision the conventions—and the amendments themselves—championed. He also explains how the Guarantee Clause, long a "sleeping giant," could still offer a constitutional path to combat partisan and racial gerrymandering after Calais and Milligan. Gans wrote about this facet of the history recently in Slate.

This is part of Opinionpalooza, Slate’s coverage of the major decisions from the Supreme Court. The best way to support our work is by joining Slate Plus. (If you are already a member, consider a donation or merch!)

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The Second Reconstruction is being dismantled piece by piece, and this past month has seen that project attain terminal velocity. On this week’s Amicus podcast, Dahlia Lithwick talks with Stanford law professor and leading civil rights lawyer and scholar Pamela S Karlan, about a series of quick-fire moves from the high court and the Trump administration that, taken together, reveal a rapid disassembly of a series of hard-won civil rights laws in place for the past 50 years, known as the Second Reconstruction.

From SCOTUS decisions in Callais and Milligan, to a new memo from the Justice Department revisiting equal employment protections, the United States’ framework for multiracial democracy and minority participation in civic life is being swept away. This is about more than redistricting, primaries and polls, midterms and horse races. It’s a wholesale reshaping of what––and who––America is for.

This is part of Opinionpalooza, Slate’s coverage of the major decisions from the Supreme Court. The best way to support our work is by joining Slate Plus. (If you are already a member, consider a donation or merch!)

Want more Amicus? Join Slate Plus to unlock weekly bonus episodes with exclusive legal analysis. Plus, you’ll access ad-free listening across all your favorite Slate podcasts. You can subscribe directly from the Amicus show page on Apple Podcasts and Spotify. Or, visit slate.com/amicusplus to get access wherever you listen.

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One of the challenges of modern legal journalism is recalling that case law, doctrine, and Supreme Court decisions aren’t a complete picture, without including the lived realities of the people whose lives and communities are often turned upside down by changes in the law.

On Tuesday night, the Supreme Court’s far-right flank vastly expanded its holding in Louisiana v. Callais to make it harder, if not impossible, to challenge racist voting maps designed to suppress Black votes. The shadow-docket decision misrepresented its own holding in Callais and discarded a case it had already decided. With the conservative supermajority tossing a lower-court panel’s finding in Allen v. Milligan and further erasing voting rights for Black Americans across the country, Amicus revisits our 2022 conversation with Evan Milligan, the named plaintiff, at the time the case first came to the high court. Milligan explained what’s at stake for the very real people living in gerrymandered districts in Alabama’s Black Belt region; a gerrymander blessed this week that was forbidden just three years ago.

Later, Dahlia Lithwick talks with Andrew Weissmann, an MS NOW legal analyst, NYU law professor, and veteran federal prosecutor who served as lead prosecutor under special counsel Robert S. Mueller and as chief of the DOJ’s Fraud Section. Even with Opinionpalooza heating up at the high court, Weissmann pauses to analyze a busy week in democratic dismantling at the Justice Department and on Capitol Hill. And, Weissmann proposes something truly shocking— real accountability for public officials who lie, as laid out in his new bestselling book, Liar’s Kingdom: How to Stop Trump’s Deceit and Save America.

This is part of Opinionpalooza, Slate’s coverage of the major decisions from the Supreme Court. The best way to support our work is by joining Slate Plus. (If you are already a member, consider a donation or merch!)

Want more Amicus? Join Slate Plus to unlock weekly bonus episodes with exclusive legal analysis. Plus, you’ll access ad-free listening across all your favorite Slate podcasts. You can subscribe directly from the Amicus show page on Apple Podcasts and Spotify. Or, visit slate.com/amicusplus to get access wherever you listen.
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The Supreme Court’s Republican-appointed justices seem to be in a big rush to dismantle voting rights for non-white people. On Tuesday night, the right-wing supermajority handed down an unsigned shadow docket order that greenlights racial gerrymandering in Alabama and dramatically undermines voting rights protections nationwide. In this Opinionpalooza bonus episode exclusively for Slate Plus members, Dahlia Lithwick and Mark Joseph Stern examine the details of the case. They also explore how we got here, and what this court’s jurisprudential arrogance and voracious appetite for power means for democracy itself. By approving racially discriminatory maps, the high court’s MAGA wing has exposed its willingness to rewrite long established legal rules in darkness—without transparency or accountability. This order also reveals a disturbing disregard for extensive factual findings from lower courts—and flips the legal terrain for voting rights from protection to peril.
This is part of Opinionpalooza, Slate’s coverage of the major decisions from the Supreme Court. The best way to support our work is by joining Slate Plus. (If you are already a member, consider a donation or merch!)

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Dahlia Lithwick and Mark Joseph Stern, Slate’s dynamic legal duo, preview the final weeks of the Supreme Court term. It’s a “three-ring circus”: the merits docket, the shadow docket, and the justices’ increasingly public intramural snipings and gripes. Dahlia and Mark take a look back at the major decisions the court has issued so far this term on global tariffs, conversion therapy for LGBTQ minors, and of course Callais, which gutted the Voting Rights Act and is supercharging gerrymandering ahead of the midterms. Then, Dahlia and Mark look ahead to the blockbuster decisions expected in the coming weeks: birthright citizenship, immigration cases involving temporary protected status and green card holders, executive power fights over the firing of the Fed’s Lisa Cook and independent agency officials, and election cases that could dramatically change campaign finance laws and the counting of mail-in ballots.

Next, they explain the court’s flurry of opaque shadow docket orders—and what it means for immigration enforcement, to impoundment, trans rights, access to abortion medication, and redistricting.

Finally, Dahlia and Mark parse the leaks and personal attacks that have spilled out into public from the usually tight-lipped confines of One First Street, and why this Supreme Court is fueling a newfound appetite for court reform among Americans.

This is part of Opinionpalooza, Slate’s coverage of the major decisions from the Supreme Court. The best way to support our work is by joining Slate Plus. (If you are already a member, consider a donation or merch!)

Want more Amicus? Join Slate Plus to unlock weekly bonus episodes with exclusive legal analysis. Plus, you’ll access ad-free listening across all your favorite Slate podcasts. You can subscribe directly from the Amicus show page on Apple Podcasts and Spotify. Or, visit slate.com/amicusplus to get access wherever you listen.
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