Preview: The Worst Voting Rights Decision Since Jim Crow

Let’s say Democrats gain control of the House and Senate in a couple of weeks, with a majority of Americans demanding accountability, and an airtight list of high crimes and misdemeanors as long as your arm. Should Democrats impeach Trump on Day One? Frank Bowman is an expert in both the law and politics of the impeachment process who has analyzed the first two efforts to impeach and remove President Trump during his first term. But in the wake of an extensive study of our current moment, Professor Bowman tells Dahlia Lithwick that the president’s crimes are definitely impeachable—but acute polarization and tribalism may be insurmountable obstacles to Congress actually using the Framers’ last-ditch check against an autocratic president. Read Frank Bowman’s series for Slate Try, Try Again? https://slate.com/tag/try-try-again His forthcoming book, Great and Dangerous Offences: The Case for (and Against) Impeaching Trump a Third Time, is available for preorder now.

Stacey Abrams, Ilyse Hogue, and Daphna Renan join Dahlia Lithwick in conversation for a live By The People finale. This is part five of our series on popular constitutionalism, the idea that the Constitution belongs to the people—and not just to nine justices. Our listeners showed up with stories: a 62-year-old heading to law school, an 8th-grade teacher emailing her senators, an artist drawing the court, and a woman literally knitting the Constitution. They also came with questions for our guests: What about court expansion? What about term limits? Is it just too late? Abrams argues we're not cooked, but “things are just really hot.” Renan walks us through the tools Congress has used throughout U.S. history to rein in judicial supremacy. And, Hogue shares the story she’s hearing at town halls across the country: Americans of all stripes still believe in the Constitution's promise—they just don't know how to claim it. Later: Our panelists offer clear and concrete steps for reclaiming the constitution. Stacey Abrams’ 10 Steps Campaign can be found here: https://10stepscampaign.org/ Read about Ilyse Hogue’s work on her Substack: https://theallamerican.substack.com/ Check out Daphna Renan and Niko Bowie’s new book, Supremacy: How Rule by the Court Replaced Government by the People 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. Need to set up your Slate Plus feed? If you subscribed through Slate.com, check out our FAQ at slate.com/podcastfaqs for easy instructions. Members subscribed via Apple Podcasts get automatic access—no setup required. Hosted on Acast. See acast.com/privacy for more information.

On Monday, the Justice Department raided a sitting congresswoman's D.C. home to build a denaturalization case. Andrew Weissmann joins Dahlia Lithwick to explain the new depths being plumbed by Trump’s DOJ. ICE executed an early morning search of Rep. Ilhan Omar's D.C. home—apparently targeting immigration statements made when she was 12 years old, by a father who is now deceased—all in service of a reported plan to strip her of her citizenship and deport her. Weissmann, lead prosecutor in Robert S. Mueller’s Special Counsel’s Office from 2017 to 2019 and chief of the Fraud Section in the Department of Justice from 2015 to 2019, walks Dahlia through what is shaping up to be another case of selective and vindictive prosecution, why it violates the department's own 60-day election rule, and what it signals when post-Watergate guardrails established to prevent exactly these kinds of abuses have been dismantled. Weissmann and Lithwick also discuss the administration's lawsuit against California over mail-in ballots—a case in which the evidence, like every prior non-citizen voting claim, collapses under scrutiny but serves its purpose before the courts can intervene. Plus: Trump’s ballroom grift, and why the only thing standing between another mid-term presidential pardon spree and total impunity for all the president’s men might be state criminal law. Andrew Weissmann is a professor of practice at NYU School of Law, legal analyst for MSNOW, and author of Liar's Kingdom: How to Stop Trump's Deceit and Save America.

Donald Trump brags about his boundless freedom while the same Supreme Court that handed him that power has curtailed everyone else's. Confidence in the court has cratered to historic lows, and waiting for a justice to retire is not actually a plan. Could a “shadow court”––a body set up to critique and even to rival SCOTUS—rescue democracy? In her new book, The Shadow Court: Rescuing Democracy from the Supreme Court, Fordham law professor Julie Suk argues that the court isn't just making some bad decisions—it's working exactly as designed. Drawing on constitutional courts in democracies around the world that rebuilt the rule of law after falling to fascism and authoritarianism, Suk outlines a bold institutional answer: a shadow court that would issue advisory opinions on the same issues the Supreme Court decides, giving lawmakers and the public a concrete alternative to judicial supremacy. Dahlia and Julie also discuss how America’s legal and constitutional systems continue to fail women (also by design), from the stalled Equal Rights Amendment to Justice Alito's claim that women's reliance on Roe was merely "abstract"—and why the path to real change might run through state ratifying conventions, rather than state and federal institutions that have failed to reform themselves. Want more Amicus? Join Slate Plus to unlock weekly bonus episodes with exclusive legal analysis. If you’ve been peering longingly through the steamed-up windows of the Amicus Plus smokeless cigar bar—your finger hovering over that “subscribe to Slate Plus” button—now is the time to join. For a limited time (like, until Oct. 16), you can join Slate Plus for 50 percent off and get bonus episodes of Amicus. You’ll also enjoy ad-free listening across all your favorite Slate podcasts and unlimited reading on Slate.com. Visit slate.com/amicusplus and use the promo code AMICUS50 to receive the discount AND get access wherever you listen. Support what we do and help us absolutely crush it during Slate’s 30th anniversary pledge drive! Need to set up your Slate Plus feed? If you subscribed through Slate.com, check out our FAQ at slate.com/podcastfaqs for easy instructions. Members subscribed via Apple Podcasts get automatic access—no setup required. Hosted on Acast. See acast.com/privacy for more information.

This week, the Supreme Court blessed the torture of a condemned woman, and the court is set to kick off the new term by doing fossil fuel's bidding. So here at Amicus, we’re not really in the mood for a razzle-dazzle “curtain raiser.” Instead, we’re taking a clear-eyed look at the ways the Roberts court is pulling the constitutional rug out from under the American people. First, Dahlia is joined by Corinna Barrett Lain, author of Secrets of the Killing State: The Untold Story of Lethal Injection, to discuss the botched execution of Christa Pike. After the Supreme Court overturned a last-minute stay without explanation, Tennessee attempted to execute Pike by lethal injection—twice. She survived and was taken to hospital where doctors tried to save her life. She was unconscious and on a ventilator at the time of writing. Professor Lain explains how lethal injection's medicalized facade hides state violence, why the court keeps green-lighting botched protocols, and what Pike's case reveals about a system that executes the broken and the poor while sparing those who can afford good lawyers. Then, Dahlia speaks with Sen. Sheldon Whitehouse of Rhode Island about the Supreme Court's new term and its fossil-fuel patrons. They discuss the Suncor v. Boulder climate case, the flotilla of billionaire-funded front groups filing amicus briefs to signal the court's captured justices. Should we be optimistic that Alito has recused himself from the case that opens the term? Sen. Whitehouse says it is unlikely that decision reflects any sort of come-to-Jesus moment. It suggests instead that, if the Democrats take power in the midterms, the Supreme Court’s internal practices must be investigated. Although his peers are longing to return to regular, orderly government, the senator says “there has to be a reset.” Want more Amicus? Join Slate Plus to unlock weekly bonus episodes with exclusive legal analysis. If you’ve been peering through the steamed up windows of the Amicus Plus smokeless cigar bar longingly, hovering over that “subscribe to Slate Plus” button. Now is the time to join. For a limited time (like, until October 16th), you can join Slate Plus for 50 percent off and get bonus episodes of Amicus, like this one. You’ll also enjoy ad-free listening across all your favorite Slate podcasts and unlimited reading on Slate.com. Visit slate.com/amicusplus and use the promo code AMICUS50 to receive the discount AND get access wherever you listen. Support what we do and help us absolutely crush it during Slate’s 30th anniversary pledge drive! Need to set up your Slate Plus feed? If you subscribed through Slate.com, check out our FAQ at slate.com/podcastfaqs for easy instructions. Members subscribed via Apple Podcasts get automatic access—no setup required. Hosted on Acast. See acast.com/privacy for more information.