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

Maybe the court won’t listen to your complaints and questions - but we will. As a parting gift to you this year, Dahlia Lithwick and Mark Joseph Stern answer your questions about Trump, the courts and the constitution. Could Trump be president a third time? What does immigration law look like under Trump 2.0? And a deep dive into Dahlia and Mark’s comic book character psyches. 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. Learn more about your ad choices. Visit megaphone.fm/adchoices

It wasn’t a great week for speaking truth to power. ABC’s decision to settle Donald Trump’s defamation lawsuit to the tune of $16 million at the behest of parent company Disney sent shockwaves through newsrooms around the country. Coupled with Trump’s lawsuits pending against publishers, journalism prize organizations, CBS, and this week’s news that the President-elect is suing an Iowa pollster and the newspaper that published her poll for “election interference”, rising fears about the freedom of the press are pretty understandable. On this week’s Amicus, Dahlia Lithwick is joined by storied media columnist Margaret Sullivan and First Amendment scholar Sonja R West to understand the protections in place and the pinch points for a free press under Trump.  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. Learn more about your ad choices. Visit megaphone.fm/adchoices

Last week, we examined the deeply worrying prospect of Kash Patel, FBI director. This week, that possibility became even more worrisome with respect to the future of the FBI, all sparked by current director Christopher Wray’s announcement of his intention to step down. To kick off this week’s show, Dahlia Lithwick is joined by Slate senior writer Mark Joseph Stern, who explains why Wray’s decision is very bad news for the law and the rule of law.  Next, the planet: Last summer, we tried to absorb the sheer scale of the shift in the constitutional landscape following a run of cases at the end of the last term that gave the courts the power to reshape the administrative state from the bench, and to impede the tools of the environmental protection trade at a time when the climate is in crisis. But the news cycle moved on and the global climate alarm got snoozed again. That alarm was surely ringing again at One, First Street this week, when a case that could reshape the nation’s biggest environmental law was argued at the Supreme Court.  Seven County Infrastructure Coalition v. Eagle County, Colorado comes to the court as a dispute over how much review is due to a railroad plan that will carry waxy, crude oil through environmentally sensitive areas, and send said waxy crude on its way to already polluted and health blighted gulf communities. Sam Sankar of Earth Justice was on hand to explain how this weedy case paints a very clear picture of the Supreme Court conservative majority’s fondness for grabbing cases that are vehicles for achieving their preferred policy outcomes, but then finding themselves in a bit of a pickle when its time to craft a new test for an old problem.   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. Learn more about your ad choices. Visit megaphone.fm/adchoices

What do people inside the Department of Justice think about their once-colleague and possible-future-overlord, Kash Patel? On this week’s Amicus, Dahlia Lithwick is joined by former US Attorney Joyce White Vance to discuss the frightening implications of Patel's potential nomination as FBI Director under the incoming Trump administration. They explore Patel's contentious history, including his time in the DOJ, his authorship of the Nunes memo, and his bottomless loyalty to Trump. They also discuss the broader consequences of Patel’s stated desire to use the Justice Department as a tool for political retribution, including threats to journalists and DOJ officials, and what his targeted individuals can do in the face of this new, chilling reality.  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. Learn more about your ad choices. Visit megaphone.fm/adchoices