Transcript
A (0:06)
If we want to be coherent in complaining that we have a president who has no respect for the Constitution, then we have to take seriously the design of that Constitution. It's not designed to remove a president just because we become terribly unhappy with his values.
B (0:31)
Hi and welcome to Amicus, Slate's podcast about the courts, the Supreme Court and the rule of law. I'm Dahlia Lithwick and I cover many, if not most of those things for Slate. And this week the Supreme Court handed down a very big deal of a ruling in an employee rights case, epic Systems Corp. Vs. Lewis. In its 5 to 4 decision delivered Monday and authored by Neil Gorsuch, the the majority ruled that companies can use the arbitration clauses in employment contracts to bar their workers from banding together to take legal actions over all sorts of workplace issues, including wage theft, sexual harassment, or discrimination based on race, gender and religion. Now, Justice Gorsuch rooted his decision for the majority in a very narrow reading of the Federal Arbitration Act. The practical effect of this ruling will just be to make it harder for workers to get out from under their mandatory arbitration clauses. And these are relatively new arrangements. In 1992, only about 2% of non unionized employers in the US used these clauses. Today, more than half of them do. This week's ruling could affect some 25 million employment contracts nationwide. Justice Ruth Bader Ginsburg, writing for herself and the court's liberal wing, wrote in her dissent that Gorsuch's analysis was, quote, egregiously wrong. She noted that employees rights to band together to meet their employers superior strength would be worth precious little if employers could condition employment on workers signing away those rights. Now, to the extent that this confirms the sense that the newest justice is going to be unlikely to side with workers against their bosses going forward, this case is not surprising. This may also telegraph where the Roberts Court is headed on the other blockbuster labor case of the term, Janice, that was argued in February and covered in some depth on this show. We'll have more on Janice and the other cases that are going to start tumbling from the skies in the coming weeks. As the decisions come down, we wanted to turn today to a topic that seems to be generating an enormous amount of listener mail and interest, and that is this question of impeachment. As the news becomes ever weirder and Donald Trump's lawyer announces that truth is just relative for purposes of the President. And Donald Trump spent the week announcing an all out war with his own Justice Department. A lot of listeners are writing in to say, is it time yet Mom? And while it's tempting for those who are worrying about the rule of law, separation of powers to turn their eyes to the holy grail of impeachment. Professor Lawrence Tribe, writing with his former student Josh Matz, has just released a book cautioning against that kind of fervor in To End a Presidency. Professor Tribe and Joshua Matz raise a warning about the seriousness of that enterprise. Lawrence Tribe is probably one of the country's foremost Constitution constitutional scholars, and I think I speak for an awful lot of lawyers when I say that. Back when I was in law school, I just thought he lived under a glass cover and wrote case books. But he's a real person. He's been one of the most vocal constitutional thinkers in Twitter and television and print since the Trump era began. And so I'm just delighted to have him finally on the podcast today. I'll note that Joshua Metz was supposed to be joining us, but he had to be in court, as sometimes happens with constitutional lawyers. We'll have him back soon. But, Lawrence Tribe, first and foremost, welcome to the podcast. It is just a privilege and honor to have you on the show.
