Amicus With Dahlia Lithwick | Law, justice, and the courts

In this member-exclusive episode, co-hosts Dahlia Lithwick and Mark Joseph Stern discuss the Supreme Court’s fact-free foray into Trump v. Cook, a case that economists warn could crater the economy. President Donald Trump spent the first weeks of his second stint in the White House firing a lot of people from government agencies. For the most part, the High Court’s conservative justices let it slide, in line with their general “he’s the President, let him do it” posture. But Federal Reserve governor Lisa Cook was different. In August, Trump fired off a post on Truth Social, then sacked Cook a few days later, leaving a huge question mark hanging over the independence of the Fed.  Turns out, that’s a very big deal for anyone who wants to avoid hyperinflation and economic disaster. During Wednesday’s arguments, it was clear that even Trump’s hand-picked justices felt as though they would like to avoid such catastrophes. What ensued was more about feelings, fear, and frustration than law, but that may be the best we can hope for. This episode is member-exclusive. Listen to it now by subscribing to Slate Plus. By joining, not only will you unlock weekly bonus episodes of Amicus—you’ll also 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. Hosted on Acast. See acast.com/privacy for more information.

President Trump REALLY wants to invoke the Insurrection Act. He’s fallen hard for this 200-year-old law that would allow him to deploy active duty military to enforce civilian law on American streets. On this week’s Amicus podcast, co-host Mark Joseph Stern is joined by Professor Steve Vladeck, a nationally recognized expert on the Supreme Court, federal courts, national security law, and military justice. They discuss what’s been stopping Trump from invoking the act so far, why he has no legal authority to do so right now, and what happens if he does it anyway. Next, Mark talks to Julia Gegenheimer, former special litigation counsel in the Justice Department’s Civil Rights Division’s Criminal Section, and now a special litigation counsel at Georgetown Law’s Institute for Constitutional Advocacy and Protection. Julia and Mark discuss the remaining paths to justice after the killing of Renee Good and examine what happens when the DOJ abandons its duty to seek accountability and vindicate civil rights. 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. Hosted on Acast. See acast.com/privacy for more information.

You saw it. We all saw it. We all saw what happened in Minneapolis when an ICE agent shot and killed Renee Good for the crime of being in her car. This week on Amicus, Dahlia Lithwick and Mark Joseph Stern attempt to digest this week’s horrific events and wonder if there is even a possibility of justice. Dahlia recommends “They Didn’t Even Need A Deepfake” by Slate’s Molly Olmstead.Later in the show, Mark speaks with Brian Finucane, a senior advisor to the International Crisis Group. He spent a decade in the U.S. State Department’s Office of the Legal Adviser. Brian and Mark discuss the lawlessness of Trump’s foreign policy (cough cough, Venezuela), and how the administration’s approach embraces some of the worst aspects of tough-guy masculinity.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. Hosted on Acast. See acast.com/privacy for more information.

In a special new year retrospective, Amicus host Dahlia Lithwick revisits an important episode from early 2025. Back at the beginning of February, Kim Lane Scheppele, the Laurance S. Rockefeller Professor of Sociology and International affairs at Princeton University, pointed to  the speed and viciousness of the very opening legal gambits in Trump 2.0 as evidence that America had already switched over to the fast track for autocracy on January 20th, 2025. An expert in the law of autocracy, Scheppele has seen firsthand what happened to constitutional courts, the media, the academy and the democratic norms that protected them in Russia and Hungary. In this interview, Scheppelle explains how Trump’s executive orders on everything from government funding to transgender people in the military reveal a familiar global playbook that has chillingly familiar endpoints. 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. Hosted on Acast. See acast.com/privacy for more information.

Over the past calendar year, the Supreme Court’s center has shifted to the right and then more to the right, and the justices’ decisions have time and again facilitated Trump’s agenda. But the Roberts majority is not simply focused on what the current president wants; it has its sights set on a larger project: voting. Suppressing and constraining and problematizing the core function of democratic rule. In this episode, Dahlia Lithwick and Mark Joseph Stern reflect on the significant developments at  the Supreme Court over the past year with an eye toward the implications of the court's decisions on democracy, voting rights, and the erosion of checks and balances. Looking back at the past year at One First Street, Dahlia and Mark trace the cases that reveal the court’s long game, with elections coming quickly, and discuss the forces for and against democracy being exerted within and without the high court. Then, they turn to the urgent matter of what you and I can do about it.If you want to access that special 50% discount for Slate Plus membership, go to slate.com/amicusplus and enter promo code AMICUS 50.  This offer expires on Dec 31st 2025. Hosted on Acast. See acast.com/privacy for more information.

In mid-March of 2025, ACLU attorney Lee Gelernt and his colleagues started hearing that the Trump administration might attempt a flagrantly lawless publicity stunt, involving migrant men, secret flights to El Salvador, a notorious gulag, and a total disregard for due process. Despite getting word that something was about to happen, and rushing into a Saturday night hearing, and then securing a TRO from DC judge James Boasberg, Lee and his colleagues were unable to prevent more than 250 men from being renditioned from Texas to the CECOT torture prison in El Salvador. The legal cases spawned by the dramatic events of March 15th 2025 haven’t gone away, indeed they are reaching crucial milestones in the courts, raising foundational questions about the abuse of statutes and what it means to defy court orders. On this week’s Amicus, Dahlia Lithwick is joined by the ACLU’s Lee Gelernt who is litigating these cases, to discuss the very high stakes of a set of cases that may have fallen off your radar in the shuffle. How these cases play out will dictate much of what happens for the rest of Trump’s term in office by answering democracy-defining questions such as whether the antiquated and radical wartime powers of the Alien Enemies Act can be unleashed on people the government deems enemies domestically, whether court orders are actually directives the Trump DoJ is bound  to follow, whether the district courts can require Pam Bondi’s justice department to assist in the finding of fact, and whether the ancient legal concepts protecting liberty of due process and habeas corpus have the force of law in Trump’s America. If you want to access that special 50% promotion for Slate Plus membership, go to slate.com/amicusplus and enter promo code AMICUS 50.  This offer expires on Dec 31st 2025. Hosted on Acast. See acast.com/privacy for more information.

Trump decided this past week that there was no downside to fully embracing the racist “shithole countries” rhetoric he denied seven years ago; but this mask coming fully off is just the latest chapter in a decades-long campaign to gut a very specific part of the constitution: the reconstruction amendments. On this week’s Amicus episode, Dahlia Lithwick talks to civil rights attorney Sherrilyn Ifill about the critical role the 14th Amendment has played in shaping American democracy, and why this full frontal assault on its protections should have everyone on high alert. In a week in which we found ourselves toggling between “the tide is turning!” and “all is lost!” Sherrilyn expertly guides us to an  understanding of what winning looks like in this moment, and how the courts can still play a role in renewing America’s commitment to equal justice under the law, even when the Supreme Court is openly hostile to that proposition. Sherrilyn Ifill’s substack newsletter: Is It Too Late?If you want to access that special 50% promotion for Slate Plus membership, go to slate.com/amicusplus and enter promo code AMICUS 50.  This offer expires on Dec 31st 2025.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. Hosted on Acast. See acast.com/privacy for more information.

While the Secretary of Defense pursues lawless boat strikes with a laser focus on maximum trolling, the Supreme Court is working to undermine voting rights with a laser focus on maximum support for Republicans. In this week’s episode of Amicus, Dahlia Lithwick and co-host Mark Joseph Stern discuss the news that Trump’s extra-constitutional attempt to restrict birthright citizenship is heading back to the Supreme Court. They also discuss Thursday’s shadow docket decision supercharging racial gerrymandering as well as next week’s campaign finance case that promises to unleash even more dark money in the midterms. Next, Dahlia’s joined by Malcolm Nance, former naval intelligence officer, author and host of the Black Man Spy podcast to talk through the current administration’s riding roughshod over established military law, and the very nasty history of bombing shipwrecks. 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. Hosted on Acast. See acast.com/privacy for more information.

By design –  and also by dint of unbridled, undisciplined extremist exuberance – Donald Trump’s second stint in the White House is thus far a tricky thing to characterize. While many of the administration’s moves seem copy/pasted from a manual for authoritarian takeover, they’re also deeply rooted in longstanding structural democratic deficits in America. For their part, The administration’s boosters argue this whiplash-inducing dismantling of institutions, norms and precedents are simply the right’s answer to similarly seismic constitutional shifts in the New Deal and Civil Rights eras. In a recent piece in the Boston Review, What Are We Living Through?, law professors Jedediah Britton-Purdy and David Pozen try to puzzle through these conflicting narratives of change. They join Dahlia Lithwick on this week’s Amicus to map this moment and to plot paths through 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 subscribe directly from the Amicus show page on Apple Podcasts and Spotify. Or, visit slate.com/amicusplus to get access wherever you listen. Hosted on Acast. See acast.com/privacy for more information.

Dahlia Lithwick is joined by former federal prosecutor Mimi Rocah, who brings her extensive experience trying and supervising federal criminal cases to a discussion of what the survivors of Jeffrey Epstein’s sexual abuse can teach us about justice. She suggests that the Trump administration’s eleventh-hour switchback tactic of calling for investigations of only Democrats speaks volumes about how the Justice Department is functioning these days, proving that vindictive prosecutions are the only game in town, bonus if they also have the effect of power-washing the president’s shadow from the scandal. Next, they turn to the extraordinary scenes in a Virginia courtroom this week, as the DOJ’s case against former FBI director and Trump foe James Comey seemed ready  to fall apart at the seams. As this administration’s practice of political interference in legal proceedings is supercharged by dear leader’s “Dear Pam”  posts to “his” AG Pam Bondi, this conversation highlights why judicial integrity and the ever-expanding ranks of judges refusing to accept lies, are among the last best hopes for equal justice under the law in America.  Hosted on Acast. See acast.com/privacy for more information.

Dahlia Lithwick welcomes retired federal judge Mark Wolf for his first ever podcast interview. The Reagan-appointed jurist made headlines last week with his searing indictment of the threat posed to the rule of law and democracy by the current administration. Judge Wolf opens up about his decision to leave the bench after decades of public service and the challenges faced by judges in the face of a president and a Justice Department showing scant regard for the rules. Next, Dahlia is joined by California Attorney General Rob Bonta, who tells her, “If Trump breaks the law and hurts our state, we sue him.” Together, they discuss the urgency of justice in response to the tactics employed by the Trump administration. As Democratic AGs band together to sue against unlawful executive actions, Bonta explains their strategies in securing injunctions against the administration. 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. Hosted on Acast. See acast.com/privacy for more information.

The Republican-appointed Supreme Court justices have been treating the Trump administration with such extreme deference that we were honestly a little flummoxed listening to this week’s arguments over his “Liberation Day” tariffs. Shockingly, during Wednesday’s arguments in Learning Resources v. Trump and Trump v. V.O.S. Selections, it seemed like the justices were in fact, concerned with presidential overreach. But was this a true bridge-too-far-moment, or were they more concerned about their own pocketbooks? This week, Dahlia Lithwick and Mark Joseph Stern discussed the arguments with Marc Busch, the Karl F. Landegger Professor of International Business Diplomacy at the Edmund A. Walsh School of Foreign Service at Georgetown University. Busch is an expert on international trade policy and law, and signed onto an amicus brief on behalf of trade scholars explaining the history and context of IEEPA. 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. Hosted on Acast. See acast.com/privacy for more information.

“The Chief Justice… is presiding over the end of the rule of law in America”. That quote did not come from host Dahlia Lithwick, but this week’s guest, former Federal Circuit Court Judge and George H. W. Bush appointee, J Michael Luttig. On this week’s show, Judge Luttig explains the unprecedented split we’re seeing between the federal courts and the highest court in the land in response to Trump’s lawlessness on everything from tariffs, to due process, to deploying the National Guard, and what it all means for the future of American democracy. Next, Dahlia talks to the CEO of the small family business at the center of the tariffs case that will be argued at SCOTUS on Wednesday. Rick Woldenberg of Learning Resources explains why he’s standing up to Trump’s monarchic power grab, and why he sees himself standing shoulder-to-shoulder with James Madison.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. Hosted on Acast. See acast.com/privacy for more information.

Bulldozers and bulwarks are the twin themes of this week’s show, as Dahlia Lithwick is joined by Joyce White Vance, a longtime federal prosecutor and clarion voice in defense of the rule of law, despite its flaws. As Pam Bondi’s Justice department chases down the President’s opponents, Congress walks away from its constitutional duties, and the highest court in the land struggles to find a presidential demand too outrageous to rubber stamp, it’s no wonder many Americans are exhausted by the attempt  to toggle between hope and despair. Lithwick and Vance discuss the many challenges to the integrity of the justice system and ponder what ordinary people can do to bolster vital democratic institutions under siege. Vance's new book, 'Giving Up is Unforgivable,' serves as a manual for citizens who understand that surviving this moment (and thriving after it) is a massive team project. It’s okay to huff a little hopium sometimes, but only if it’s the good stuff. 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. Hosted on Acast. See acast.com/privacy for more information.

Janai Nelson, president of the NAACP Legal Defense Fund argued in defense of the Voting Rights Act in the pivotal Supreme Court case,  Louisiana v Callais this week. Nelson joins Dahlia Lithwick on this episode of Amicus to probe the implications of the case for voting rights around the country, and the role of the Supreme Court in a democratic system. Nelson warns that while the consequences of losing Section 2 would be catastrophic, t many Americans are unaware how much of their democracy is undergirded by the rights accorded in the 14th and 15th amendments, and effectuated by the Voting Rights Act. Their conversation delves into the historical context of voting rights, the importance of precedent, and the unfinished, but essential, struggle for racial justice in America.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. Hosted on Acast. See acast.com/privacy for more information.

Troops on America's streets, threats of “plenary powers”, and extrajudicial killings in the Caribbean have prompted members of the military past and present to say that we are in the biggest civil/military crisis since the Civil War. On this week's Amicus, how SCOTUS' immunity decision in Trump v. United States helped deliver us to this scary moment. Dahlia Lithwick speaks to Yale Law School military justice expert Eugene Fidell and former JAG Maj. General Steven J. Lepper about the impossible position the military's been put in by Trump and SCOTUS and how bad that is for all of us. The Crisis in Uniform: The Danger of Presidential Immunity for the U.S. Military.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. Hosted on Acast. See acast.com/privacy for more information.

Slate’s Dahlia Lithwick and Mark Joseph Stern are joined by Vox’s Ian Millhiser to discuss the upcoming Supreme Court term, which officially starts on Monday. The term begins with a slew of wildly significant cases that feel all but decided in the Trump administration’s favor already. That feeling of inevitability could perhaps be ascribed to the ongoing assault on democracy coming from the high court’s shadow docket, which will now spill over into cases argued on the merits. Dahlia, Mark, and Ian examine the effect of all this sloppy law on the public's perception of the court, and look ahead to upcoming cases on voting rights, campaign finance, conversion therapy, transgender rights, tariffs, and presidential power. They explore how the court's decisions reflect a shift towards a more partisan and less transparent judicial process, and ask whether there’s any hope of restoring the rule of law and healthy constitutional democracy in the future. 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. Hosted on Acast. See acast.com/privacy for more information.

The week ended with a Grand Jury Indictment of former FBI Director James Comey for what looks to be a pair of unprovable crimes. Indeed the  US Attorney overseeing the case declined to bring the indictment for that very reason. He’s gone and Donald Trump’s personal insurance lawyer brought the case. Mark Joseph Stern and Dahlia Lithwick discuss what that means for the Justice Department.Then Yale Law School’s professor Justin Driver reminds us that Supreme Court cases don’t just turn into vapors after they come down in June. The Supreme Court’s affirmative action decision from 2023 has fundamentally changed what college campuses look like and has opened the door to Trump Administration attacks on anything that even looks like racial justice efforts on elite campuses and throughout the country. Any one decision causes legal cascades that can and will be used against us.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. Hosted on Acast. See acast.com/privacy for more information.

Dahlia Lithwick talks to First Amendment law professor Mary Anne Franks to explore the inversion of free speech in America this past week, and to trace the ways our assumptions about the First Amendment helped to tip us into this upside-down. Dr. Franks, author of Fearless Speech: Breaking Free from the First Amendment, explains the contradictions inherent in free-speech absolutism, the role of government in suppressing dissent, and the impact of media and entertainment on public discourse. What are we to make of a movement that screamed “jawboning” and “censorship” for a decade, but when handed power enthusiastically enacts actual governmental speech suppression and censorship? And what does the First Amendment mean if the powerful are consistently afforded maximum power in the “marketplace of ideas”?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. Hosted on Acast. See acast.com/privacy for more information.

In this week’s episode of Amicus, we delve into the recent Supreme Court shadow docket order in Noem v. Vasquez-Perdomo, which in essence legalized racial profiling by roving ICE patrols, and in practice may have ushered in America’s “show your papers” era for Americans with brown skin, who speak Spanish, and/or go to Home Depot in work clothes. Join Dahlia Lithwick and Ahilan Arulanantham, a longstanding human rights lawyer and law professor, as they unpack what this unargued, unreasoned, unsigned and (in Kavanaugh’s case) uncited decision means for both immigrants and U.S. citizens, for 4th amendment doctrine, and for the lower courts expected to parse SCOTUS’ tea leaves. 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. Hosted on Acast. See acast.com/privacy for more information.