Legal Blinkers, Moral Hazards

Lawyers love legal reasoning. It promises a clean, clear path through sticky, tricky territory. But legal reasoning can enable grotesque real-world outcomes, like torture, or arresting journalists, or masked government agents detaining and disappearing people. On this week’s Amicus, Dahlia Lithwick is in conversation with Joseph Margulies , Professor of Practice of Government at Cornell University. Margulies litigated some of the biggest cases of egregious human rights violations of the post-9/11 “War on Terror”, an experience that informed his recent piece in the Boston Review: The Moral Stupefaction of America . Margulies explains how, when we allow obscure legal language to overshadow moral imperatives, we can end up in very dark places. The line from waterboarding at black sites to executing American citizens in the streets is a straight one. And there will be a lawyer willing to write a memo for all of it. 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

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Legal Blinkers, Moral Hazards is an episode from Amicus With Dahlia Lithwick | Law, justice, and the courts by Slate Audio.

This episode is 47:36 long.

This episode was published on Jan 31, 2026.

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