
Amicus With Dahlia Lithwick | Law, justice, and the courts
Bad History Will Kill America
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About this episode
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, cohosts 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…