Thanks to SCOTUS, Bad History Might Actually Kill America

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How many bad originalists does it take to screw over an independent agency?

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Amicus

With so many shameful decisions to choose from, Dahlia and Mark focus on two that require your immediate attention.

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Episode Notes

The Supreme Court just wrapped the term with a blitz of extremely consequential decisions, and the smoke hasn’t cleared yet. (In fact, it’s looming like a dark storm cloud over our Fourth of July and America 250th festivities…) In this week’s episode, co-hosts Dahlia Lithwick and Mark Joseph Stern focus on two of the term’s bleakest legacies: first, the court’s catastrophically bad use of history and second, the demise of independent agencies. They discuss the court’s 6–3 decision in Trump v. Slaughter, which was rooted in shoddy originalism and reckless disregard for how an accountable democratic government actually functions. Meanwhile, the dissenters in Trump v. Barbara would have weaponized bogus history to end birthright citizenship for millions.

To unpack this, Dahlia and Mark sit down with two law professors: Sam Bagenstos of the University of Michigan and a former general counsel at the Department of Health and Human Services, and Jed Shugerman of Boston University (whom Justices Sonia Sotomayor and Ketanji Brown Jackson cited this week). They deconstruct the myriad ways in which the high court ultimately embarrassed itself, history, and truth, with decisions that will affect millions of Americans for years to come.

Slate Plus members! Don’t miss the Amicus Plus Breakfast Table on Friday, July 10th at noon EDT. Mark Joseph Stern and Dahlia Lithwick will be in conversation with Professors Steve Vladeck, Sherrilyn Ifill, and Niko Bowie. Our Pluskateers can sign up to be in the live, online audience for this special end-of-term conversation. Go to slate.com/breakfasttable to sign up for online access. (Psst: Submit your questions now to [email protected])

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.

About the Show

A show about the law and the nine Supreme Court justices who interpret it for the rest of America.

Hosts

• Dahlia Lithwick writes about the courts and the law for Slate and hosts the podcast Amicus.

• Mark Joseph Stern is a Slate senior writer.