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

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

By: Slate Podcasts

Language: en

Categories: News, Government

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

Episodes

Renee Good and Trump’s Age of Immunity
Jan 10, 2026

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...

Duration: 01:01:01
The Fast Track To Autocracy
Jan 03, 2026

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 H...

Duration: 00:56:18
What We Got Wrong About SCOTUS in 2025
Dec 27, 2025

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 decisio...

Duration: 01:05:58
The Forgotten Lawsuits Targeting Trump’s Worst Abuses
Dec 20, 2025

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...

Duration: 00:58:50
One Amendment Explains It All
Dec 13, 2025

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...

Duration: 01:02:47
SCOTUS Greenlights Trump, Gaslights America
Dec 06, 2025

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...

Duration: 01:02:35
The Three Faces Of Trumpism
Nov 29, 2025

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 Liv...

Duration: 00:51:20
The DOJ's Prosecutorial Malpractice Keeps Spilling Out in Court
Nov 22, 2025

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...

Duration: 00:56:20
He Quit the Bench to Raise the Alarm
Nov 15, 2025

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 hur...

Duration: 01:15:50
When Tariffs Crashed Into SCOTUS
Nov 08, 2025

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 Diplomac...

Duration: 01:01:17
The Federal Judiciary Is Trapped
Nov 01, 2025

“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...

Duration: 01:03:26
Demolition Man
Oct 25, 2025

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 in...

Duration: 00:51:55
Voting Rights, But Mainly for White People
Oct 18, 2025

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 V...

Duration: 00:50:57
Trump’s Insurrection Claims Could Lead American Democracy Off a Cliff
Oct 11, 2025

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...

Duration: 00:52:49
This Will Be Trump’s Best Term at the Supreme Court Yet
Oct 04, 2025


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...

Duration: 00:59:39
“Color-Blind” Admissions Continue to Hurt Us
Sep 27, 2025

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...

Duration: 01:20:13
Free Speech Is The Enemy of Free Speech, Apparently
Sep 20, 2025

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 g...

Duration: 00:49:29
Dear Justice Kavanaugh, “I’m American, Bro”
Sep 13, 2025

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...

Duration: 00:47:58
How To Fix Our Broken Constitution
Sep 06, 2025

There is a “stuckness” to American political life right now, which has become a seemingly inexorable centrifuge of polarization, victimization and power grabbing. The constitution is brandished as sword and shield, and also as though it is the word of God. Americans, it seems, have lost the ability to think creatively and expansively about the constitution, and our ability to amend it. On this week’s Amicus, Dahlia Lithwick is in conversation with Jill Lepore, whose new book “We The People: A History of The U.S. The Constitution is a thorough and bold excavation of a central, but utterly...

Duration: 00:52:07
Is The National Guard Coming To Your City?
Aug 30, 2025

In this episode of Amicus, Dahlia Lithwick discusses the recent deployment of the National Guard in Washington D.C. and its implications for checks and balances in the U.S. legal system. She is joined by Elizabeth “Liza” Goitein from the non-partisan Brennan Center’s Liberty and National Security Program, a leading expert on all things Posse Comitatus, the Insurrection Act, and the Pandora’s box of domestic military deployment in policing, and the legal frameworks governing it all. Together they explore the dangers of the administration’s current actions in the nation’s capital, and whether the president can act on h...

Duration: 00:54:22
Punished For Their Pregnancies
Aug 23, 2025

Women were prosecuted for experiencing miscarriage or stillbirth even before the Supreme Court swept away the protections of Roe v. Wade. But these prosecutions have ramped up since, in both red and blue states. The stakes are ramping up too, with legislators introducing bills that would treat abortion as homicide, potentially subjecting patients to the death penalty. This week, Mark Joseph Stern talks with Karen Thompson, the legal director of Pregnancy Justice. They discuss what happens when the state decides a fetus, or even an embryo, has equal or greater rights than pregnant people. As fetal personhood legislation moves...

Duration: 00:45:43
When Trump Hits New Jersey, This Lawyer Hits Back
Aug 16, 2025

Law firms, universities, and businesses are bending the knee to the Trump administration at the slightest threat. Amid this shocking cowardice, blue states have been a bastion of defiance against the president’s escalating power grabs—with attorneys general leading the way. Mark Joseph Stern talks with New Jersey Attorney General Matthew Platkin, who has been on the frontlines of this battle since Day One. 

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 Ami...

Duration: 00:47:39
Who Gets Left Out of Originalism?
Aug 09, 2025

The official history of America’s founding is often told as a whites-only story, a heroic tale of wealthy white men forging a new nation—with no mention of the people they excluded, displaced, or oppressed. But who gets left out of the story that “originalists” like to tell about the law? This week Mark Joseph Stern talks with Maggie Blackhawk, professor at NYU School of Law, and Gregory Ablavsky, a professor at Stanford Law School, about Native nations at the time of the founding, some of which were very much on the scene as the Constitution was being debated...

Duration: 00:36:56
Don’t Give Up on the Law Just Yet
Aug 02, 2025

It’s easy to give up on the courts right now. SCOTUS is throwing down unreasoned decisions expanding Donald Trump’s authority, and Senate Republicans keep confirming the president’s cronies to lifetime judgeships, tarnishing the entire judiciary with their corruption.  But there are judges—courageous, hard-working men and women—who have chosen a different path and are fighting to protect democracy and restore our civil rights. In his new book, Better Judgment: How Three Judges Are Bringing Justice Back to the Courts (out Sept. 2), Reynolds Holding tells the story of three of these judges and how they are laying the...

Duration: 00:48:28
When Unaccountable People Come for Your Vote
Jul 26, 2025

Civil rights are under attack. The Supreme Court seems to have its sights set on the Voting Rights Act. The Trump administration, meanwhile, is taking every issue to the court knowing that it will never have to face accountability there. And with states like Texas considering unpopular redistricting plans, the administration may never face it at the ballot box either.

Put more bluntly, many of our elected officials are operating with a perceived immunity from accountability of any sort. This week Dahlia spoke about the deleterious effects of these actions on voting rights with Maya Wiley, president...

Duration: 00:44:22
How To Build A Police State (With The Supreme Court’s Blessing)
Jul 19, 2025

Over the last six months, life has been upended for  millions of people in America as Stephen Miller's extreme immigration policies have been unleashed. And while the first weeks of the second Trump administration saw some genuine pushback from the Supreme  Court, six months in, that feint at checking and balancing has fallen away. On this week's Amicus podcast, Dahlia Lithwick welcomes Aaron Reichlin Melnick, Senior Fellow at the American Immigration Council. Reichlin Melnick last appeared on the show in the days after Trump's inauguration and the initial barrage of lawless Executive Orders targeting the immigration system and the mi...

Duration: 00:52:23
The Call Is Coming From Inside The Court
Jul 12, 2025

In this episode of Amicus, Dahlia Lithwick sits down with Senator Sheldon Whitehouse to dissect the most recent Supreme Court term and its implications. They explore Justice Ketanji Brown Jackson's emerging role and influence, the patterns of bias within the court that she’s calling out, and the broader systemic issues facing the judiciary. Their conversation also delves into the “worst possible nominee” for a lifetime appointment to a US court of appeals, Emil Bove. Next, they tackle climate inaction, Democrats’ failure to respond to the billionaire takeover of the Supreme Court, and why Senator Whitehouse is still optimistic about ch...

Duration: 00:45:04
Opinionpalooza 2025
Jul 11, 2025

The Supreme Court wraps up a momentous term. Dahlia Lithwick, Mark Joseph Stern and guests break down the cases and the controversies, explaining what it means for you, and for American democracy.

Learn more about your ad choices. Visit megaphone.fm/adchoices

Duration: 00:01:57
Opinionpalooza 2025
Jul 11, 2025

The Supreme Court wraps up a momentous term. Dahlia Lithwick, Mark Joseph Stern and guests break down the cases and the controversies, explaining what it means for you, and for American democracy.

Hosted on Acast. See acast.com/privacy for more information.

Duration: 00:01:57
Sneak Preview: SCOTUS Made it Worse
Jul 05, 2025

Dahlia Lithwick and Mark Joseph Stern answer your questions about threats to federal judges, how far religious opt-outs can go in public schools in light of  Mahmoud v. Taylor, and whether or not the rule of law in America is, in fact, cooked. 


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...

Duration: 00:15:14
Sneak Preview: SCOTUS Made it Worse
Jul 05, 2025

Dahlia Lithwick and Mark Joseph Stern answer your questions about threats to federal judges, how far religious opt-outs can go in public schools in light of  Mahmoud v. Taylor, and whether or not the rule of law in America is, in fact, cooked. 


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...

Duration: 00:15:14
Our All-Star SCOTUS End-of-Term Breakfast Table
Jul 02, 2025

Dahlia Lithwick and Mark Joseph Stern host the panel that’s guaranteed to help you understand what happened during the Supreme Court’s latest term – examining the major decisions, the emergency docket, and the evolving dynamics on the court. Dahlia and Mark welcome the New York Times’ Jamelle Bouie, civil rights lawyer and 14th Amendment scholar Sherrilyn Ifill of Howard University, and Professor Steve Vladeck of Georgetown Law to Amicus, to discuss the implications of the cases and the controversies of the term that just wrapped. Together, they offer close analysis of the court’s decisions and the various justices’...

Duration: 00:55:49
“No Right Is Safe”
Jun 28, 2025

The cataclysmic opinions from SCOTUS on Friday certainly suggest that the courts can no longer save us. In fact, in Trump v. CASA., we learned that it’s somehow not actually the job of the courts to save us from blatant violations of our rights. With universal injunctions drop-kicked and district court judges sidelined, it’s going to be nearly impossible to vindicate your rights in Trump’s America. No rights are safe when the only way to get relief is to sue the government yourself.

And yet in a definitely-not-planned-last-day-of-the-term-with-all-the-big-cases lineup, several other bad things happened as wel...

Duration: 00:49:49
Sneak Preview: The Supreme Court's Worst Move Since Trump Returned to Office
Jun 24, 2025

In this member-exclusive Opinionpalooza episode of Amicus, Dahlia Lithwick and co-host Mark Joseph Stern discuss the Supreme Court's shadow docket decision in the case of DHS vs. DVD, which allows for the deportation of migrants to third countries without due process or notice, despite the potential for torture and death. The Supreme Court's majority chose the opaque system of an unsigned, unargued, unbriefed and unreasoned order to issue a body-blow to the rule of law, undermining lower court rulings and Congressional statutes, specifically the Convention Against Torture. Dahlia and Mark discuss the Supreme Court’s accelerating trend of granting sw...

Duration: 00:10:58
Sneak Preview: The Supreme Court's Worst Move Since Trump Returned to Office
Jun 24, 2025

In this member-exclusive Opinionpalooza episode of Amicus, Dahlia Lithwick and co-host Mark Joseph Stern discuss the Supreme Court's shadow docket decision in the case of DHS vs. DVD, which allows for the deportation of migrants to third countries without due process or notice, despite the potential for torture and death. The Supreme Court's majority chose the opaque system of an unsigned, unargued, unbriefed and unreasoned order to issue a body-blow to the rule of law, undermining lower court rulings and Congressional statutes, specifically the Convention Against Torture. Dahlia and Mark discuss the Supreme Court’s accelerating trend of granting sw...

Duration: 00:10:58
The Many Compromises of Elena Kagan
Jun 21, 2025

The Justices seem intent on packing their summer vacation bags and getting on their way. 

Earlier in the week, the court’s conservative supermajority upheld a Tennessee ban on gender-affirming care for trans kids. The logic behind the decision was…lacking (Slate Plus members can hear about this right now). In this episode, Dahlia Lithwick talks to Chase Strangio, the lawyer for the Tennessee plaintiffs, about where we go from here.

Meanwhile, don’t miss the significance of Friday’s batch of rulings: co-host Mark Joseph Stern joins Dahlia to talk about the implications in cases see...

Duration: 00:47:22
Bonus: SCOTUS Apparently Doesn’t Believe Trans People Exist
Jun 18, 2025

In this Slate Plus exclusive episode, Dahlia Lithwick and Mark Joseph Stern analyse the Roberts Court's decision in Skrmetti,  effectively bans gender-affirming  care for trans minors in more than 20 states.

This is part of Opinionpalooza, Slate’s coverage of the major decisions from the Supreme Court this June. 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.co...

Duration: 00:11:11
Sneak Preview: SCOTUS Apparently Doesn’t Believe Trans People Exist
Jun 18, 2025

In this Slate Plus exclusive episode, Dahlia Lithwick and Mark Joseph Stern analyse the Roberts Court's decision in Skrmetti,  effectively bans gender-affirming  care for trans minors in more than 20 states.

This is part of Opinionpalooza, Slate’s coverage of the major decisions from the Supreme Court this June. 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.co...

Duration: 00:11:11
Tanks On DC’s Streets And A US Senator In Handcuffs
Jun 14, 2025

America feels very different this weekend. While the president’s planned military parade (that just happens to coincide with his birthday) will see tanks and armored vehicles rolling through Washington DC, federalized National Guard and US Marines have been deployed to Los Angeles over the objections of state and city electeds, many of us are reeling from seeing a sitting US Senator forced to the floor and cuffed for trying to ask a question, and dozens of protests are planned around the country to declare “No Kings”.  It’s. A. Lot. In this episode of Amicus  Dahlia Lithwick is joined by...

Duration: 00:47:55
There Is No Musk-Trump Feud Without The Roberts Court
Jun 07, 2025

Money talks, and sometimes it speaks as law by fiat from the highest court in the land. In this episode of  Amicus, Dahlia Lithwick delves into the impact of money on the judiciary and, eventually, on, democracy with Michael Podhorzer, a senior fellow at the Center for American Progress.  They discuss how the many faces of big money in America, currently personified by Elon Musk and Donald Trump, have shaped the Supreme Court and government regulations. They explore the implications of recent court decisions, the downfall of unions, and the crucial role of collective action in preserving democracy. Michael Po...

Duration: 00:44:19
Sneak Preview: Unanimous Opinions Out Front, Desperate Dealmaking Out Back
Jun 05, 2025

This is part of ⁠Opinionpalooza⁠, Slate’s coverage of the major decisions from the Supreme Court this June. The best way to support our work is by joining ⁠Slate Plus⁠. (If you are already a member, consider a ⁠donation⁠ or ⁠merch⁠!)Also! Sign up for ⁠Slate’s Legal Brief:⁠ the latest coverage of the courts and the law straight to your inbox. Delivered every Tuesday.

Dahlia Lithwick hosts an 'Opinionpalooza' special of Amicus, covering Thursday’s decisions from the Supreme Court. She and Mark Joseph Stern dive into Ames vs. Ohio Youth Department, discussing Justice Ketanji Brown Jackson’s opinion on rever...

Duration: 00:12:02
Sneak Preview: Unanimous Opinions Out Front, Desperate Dealmaking Out Back
Jun 05, 2025

This is part of ⁠Opinionpalooza⁠, Slate’s coverage of the major decisions from the Supreme Court this June. The best way to support our work is by joining ⁠Slate Plus⁠. (If you are already a member, consider a ⁠donation⁠ or ⁠merch⁠!)Also! Sign up for ⁠Slate’s Legal Brief:⁠ the latest coverage of the courts and the law straight to your inbox. Delivered every Tuesday.

Dahlia Lithwick hosts an 'Opinionpalooza' special of Amicus, covering Thursday’s decisions from the Supreme Court. She and Mark Joseph Stern dive into Ames vs. Ohio Youth Department, discussing Justice Ketanji Brown Jackson’s opinion on rever...

Duration: 00:12:02
This End Of Term At SCOTUS Is Unlike Any Other in History
May 31, 2025

The end (of the Supreme Court term) is nigh. This week, Amicus goes into June Opinionpalooza mode with some meta-analysis of what to look out for as the Supreme Court delivers dozens of decisions over the next month or so. Dahlia Lithwick and Mark Joseph Stern say this is a term-ending unlike any other, partly because the number of cases pinging onto the high court’s shadow docket means the term may never really, truly, actually, end. And even when the shadow docket cases are decided, there is no real law that emerges, just a few lines of unsigned ch...

Duration: 01:08:36
The Two Tracks of Justice
May 24, 2025

This week’s episode attempts to understand the ways in which the law of Trump unfolds along two tracks at the same time. First, Mark Joseph Stern joins us to talk about the Supreme Court’s decision to let Trump fire the heads of independent agencies, undermining a 90-year-old precedent in an unsigned, two-page decision on the shadow docket. This is a case in which Donald Trump’s agenda perfectly aligns with the wishlist of the conservative supermajority that controls the court. But if the court keeps giving Trump free passes to break the law now, why should we expect...

Duration: 01:09:36
SCOTUS Is About to Suffer Buyers Remorse, Again
May 17, 2025

Our eyes this week were trained on the arguments over birthright citizenship at the Supreme Court on Thursday. While Solicitor General John Sauer advanced wild arguments on behalf of the Trump administration, four of the justices (hint: the women) seemed extremely suspicious of his motives. The five men? Not so much. Slate senior writer Mark Joseph Stern joins Dahlia Lithwick to break down Trump v. CASA Inc. and the growing  divide on the court between those who trust this president and those who don’t.

Although Thursday’s arguments touched on fundamental rights, SCOTUS made the strange choic...

Duration: 00:56:40
SCOTUS, Meet The Broligarchs
May 10, 2025

After Silicon Valley’s yeet to the right after Donald Trump was elected in 2016, and the DOGE-ification of the federal government (read: chaos and abuse as the driving ethos of HR), it felt like high time to delve into the evolving relationship between tech billionaires like Elon Musk and Peter Thiel and the U.S. government. Their influence has massive implications for core constitutional issues such as mass surveillance, privacy, and deregulation. Kara Swisher joins Dahlia Lithwick on this week’s Amicus to highlight the dangers of tech giants' encroachment on government oversight and the implications of AI and cryp...

Duration: 01:01:52
The Un-American Project
May 03, 2025

Whether it’s attempting to overturn birthright citizenship, effectively stripping citizenship from American children, or claiming Alien Enemy Act war powers under an imaginary invasion, Trump’s anti-immigrant moves are outlandishly unconstitutional. They are also being met with significant pushback from judges, even conservative ones. On this week’s Amicus, Dahlia Lithwick is joined by Slate senior writer Mark Joseph Stern who explains the landmark ruling from a Trump-appointed judge in the southern district of Texas that declared the administration's use of the Alien Enemies Act is unlawful. Next, Amanda Frost, University of Virginia law professor and author of  You Are...

Duration: 01:14:24
The Anti-Trump Cases That Have Changed The Game
Apr 26, 2025

As we approach President Trump’s 100th day in office (this time around) this Wednesday, Dahlia Lithwick checks in with one of the key architects of the litigation strategy that is successfully confounding the administration’s most exorbitant executive overreach. After almost 140 executive orders and scores of associated lawsuits, it’s hard to keep track of the state of play. But Skye Perryman of Democracy Forward is on hand to help us think through the main strands of anti-authoritarian litigation, and to explore how some recent wins in court against Trump 2.0 are upending the administration’s attempt to style itself a...

Duration: 01:08:49
Playing Chicken With the Constitution
Apr 19, 2025

Ever since March 15, when three flights carrying hundreds of men who had been afforded zero due process left United States airspace and landed in El Salvador, American democracy has been hurtling toward an internal conflict that the federal judiciary would very much prefer to avoid, but just keeps getting more unavoidable. On this week’s Amicus podcast, Mark Joseph Stern is joined by Leah Litman for the first half of the show. They discuss how, faced with a Trump administration that claims the ability to rewrite the Constitution on the fly, denies the ability to follow court orders, and da...

Duration: 01:11:20
A Lawyer’s Guide to Not Caving to the President
Apr 12, 2025

On this week’s Amicus, autocratic creep in high and low gear. In high gear: The Supreme Court finally issued its order in Kilmar Abrego Garcia’s case, requiring that the government “facilitates” Abrego Garcia’s return from the El Salvadoran prison to which he was illegally and accidentally reditioned, but also recognizing the limits on its authority to direct the executive branch. Dahlia Lithwick talks to Slate senior writer  Mark Joseph Stern about the ways in which the High Court’s attempts to avoid a showdown with the Trump administration may be futile.


Next, Dahlia turns to the...

Duration: 00:55:39
The Supreme Court Just Gave The Trump Administration Everything It Wanted—Almost
Apr 08, 2025

Here’s a question for you. If you are scooped up by ICE (masked, covering badge numbers), then moved from one detention center to another in quick succession, before being hastily forced onto a flight to El Salvador where you are imprisoned in a “terrorism confinement center” beyond the jurisdiction of the United States –– at what point in that process could you access some kind of adjudicatory review? In this bonus episode of Amicus for Slate Plus members,  Dahlia Lithwick tackles the Supreme Court’s shadow docket decisions in two overlapping but distinct cases stemming from the Trump administration’s renditioning...

Duration: 00:06:52
Sneak Preview: The Supreme Court Just Gave The Trump Administration Everything It Wanted—Almost
Apr 08, 2025

Here’s a question for you. If you are scooped up by ICE (masked, covering badge numbers), then moved from one detention center to another in quick succession, before being hastily forced onto a flight to El Salvador where you are imprisoned in a “terrorism confinement center” beyond the jurisdiction of the United States –– at what point in that process could you access some kind of adjudicatory review? In this bonus episode of Amicus for Slate Plus members,  Dahlia Lithwick tackles the Supreme Court’s shadow docket decisions in two overlapping but distinct cases stemming from the Trump administration’s renditioning...

Duration: 00:06:52
He Was Deported by Administrative Error. We Talked to His Lawyer.
Apr 05, 2025

The US government’s use of a prison in El Salvador as an extra-judicial due-process free black site has been rendered starkly visible by the story of one man they tried to disappear. On this week’s Amicus,  Dahlia Lithwick interviews Simon Sandoval-Moshenberg, lawyer for Kilmar Armando Abrego Garcia, a Maryland resident, husband and father, who was illegally deported to El Salvador in March due to what the government admits was an administrative error. Abrego Garcia was abruptly detained by ICE, torn from his family, and sent to a brutal Salvadoran prison despite having legal protections against deportation. The Justi...

Duration: 00:48:15
Trump’s Plan To Put A Chokehold On Voting
Mar 29, 2025

The Trumpian inversion of reality was threaded into so many areas of the law and active litigation this week.


Slate senior writer Mark Joseph Stern joins Dahlia Lithwick to discuss the apparent evaporation of judicial patience for Trump lawyers simultaneously claiming that a signal chat was not classified or subject to record preservation rules, AND the flights to El Salvador that were  filmed for posterity on arrival at a prison were in fact state secrets. Together, they also think through the likelihood of the Supreme Court stepping into the Alien Enemies Act case at this early s...

Duration: 01:09:15
The Rule of Law Took A Very Dark Turn This Week
Mar 22, 2025

If you’re overwhelmed by the sheer volume of lawless acts, constitutional crises (we count five), and huge Trump administration losses in court this week - honestly, same. But if anyone can render this swirling storm of lawsuits and orders and injunctions legible, and put them in terms that can help make sense of this moment, it’s Dahlia Lithwick. On this week’s show, Dahlia is first joined by Quinta Jurecic, a fellow in Governance Studies at the Brookings Institution and a senior editor at Lawfare, to discuss the deeply worrying shift in the Trump regime’s posture toward j...

Duration: 01:13:03
Sneak Preview: An Escalating Constitutional Crisis
Mar 18, 2025

In this urgent extra episode of Amicus,  host Dahlia Lithwick and Slate's senior writer Mark Joseph Stern discuss the unfolding constitutional crisis triggered by the Trump administration's defiance of a court order to halt flights carrying Venezuelan migrants to be delivered to El Salvador’s so-called Terrorism Confinement Center - a vast foreign prison  that could  be described as a labor camp.  Lithwick and Stern explore the timeline of events that unfolded in Federal Court Judge James Boasberg’s court this week, and on planes bound for El Salvador. Next, they try to parse the legal arguments put forth by the J...

Duration: 00:09:49
Sneak Preview: An Escalating Constitutional Crisis
Mar 18, 2025

In this urgent extra episode of Amicus,  host Dahlia Lithwick and Slate's senior writer Mark Joseph Stern discuss the unfolding constitutional crisis triggered by the Trump administration's defiance of a court order to halt flights carrying Venezuelan migrants to be delivered to El Salvador’s so-called Terrorism Confinement Center - a vast foreign prison  that could  be described as a labor camp.  Lithwick and Stern explore the timeline of events that unfolded in Federal Court Judge James Boasberg’s court this week, and on planes bound for El Salvador. Next, they try to parse the legal arguments put forth by the J...

Duration: 00:09:49
Big Law Stands Up
Mar 15, 2025

Donald Trump continued his almost uninterrupted losing streak in the courts. Across the country we saw federal judges openly criticizing his Administration officials and their lawyers for overreach, bullying and misrepresentations about not only their cases, but about norms and values. But Trump has both judges and law firms in his crosshairs. On this week’s show, former US Attorney Preet Bharara joins Dahlia Lithwick to discuss the role of lawyers and law firms and legal norms in a crisis of lawlessness, and the extent to which court victories alone can save democracy. 


Want more Amicus? Joi...

Duration: 00:35:31
The Constitutional Truth At The Heart Of The DOGE Cases
Mar 08, 2025

Elon Musk’s moves at DOGE have been legally dubious from the start. And the more we learn, the more questions we have about this not-an-agency helmed by Musk –– who is apparently both in charge, and also not in charge. That’s why we wanted to talk with Kate Shaw, University of Pennsylvania law professor and co-host of the Strict Scrutiny podcast, about the very real constitutional issues raised by DOGE and Musk and his minions. Shaw spoke with Dahlia Lithwick about what is and isn’t legal about DOGE, and the impossible bind that creates for government lawyers tasked with...

Duration: 00:58:31
Sneak Preview: What Trump’s First Big Loss At SCOTUS Means
Mar 05, 2025

On Wednesday morning the Supreme Court dealt a blow to the Trump administration's effort to withhold $2 billion promised for foreign aid work. Dahlia Lithwick and Mark Joseph Stern discuss the Court’s decision to reject the Trump administration's request to halt a lower court's order, by a five to four vote, compelling the State Department to resume payments. While Chief Justice John Roberts and Amy Coney Barrett sided with the court's liberal justices, Justice Samuel Alito offered a “stunned” dissent, reacting to the Court’s surprising rebuke to the Trump administration with few facts but plenty of fury. 

This ep...

Duration: 00:07:14
Sneak Preview: What Trump’s First Big Loss At SCOTUS Means
Mar 05, 2025

On Wednesday morning the Supreme Court dealt a blow to the Trump administration's effort to withhold $2 billion promised for foreign aid work. Dahlia Lithwick and Mark Joseph Stern discuss the Court’s decision to reject the Trump administration's request to halt a lower court's order, by a five to four vote, compelling the State Department to resume payments. While Chief Justice John Roberts and Amy Coney Barrett sided with the court's liberal justices, Justice Samuel Alito offered a “stunned” dissent, reacting to the Court’s surprising rebuke to the Trump administration with few facts but plenty of fury. 

This ep...

Duration: 00:07:14
When the Lawyers are Lawless
Mar 01, 2025

This past week has seen firings at the Pentagon, an Executive Order targeting a private law firm, the installation of a podcaster and January 6 denialist as #2 at the FBI, and an incident in which an audience member at an Idaho townhall was wrestled to the ground and led away in zip ties by private security that answer to no lawful police entity. Is this what happens when the lawyers, police officers, military officials and other law enforcement organizations who are meant to keep us all safe, are sidelined or conscripted into lawless behavior? 


On this week’s e...

Duration: 00:44:36
Long Live The King?
Feb 22, 2025

President Donald J Trump’s administration has been invoking a conservative legal theory as justification for his claim to possess king-like presidential powers. This new supercharged version of the “unitary executive theory” may just be extreme enough to stick in the craw of some conservative judges, but will it find a warm welcome when it inevitably lands at the Supreme Court, and should we brace for the overturning of 90 years of precedent in the form of Humphrey’s Executor? Dahlia Lithwick’s guest this week is Deepak Gupta, former senior counsel at the Consumer Financial Protection Bureau and founding principal...

Duration: 00:52:29
The Gangster Presidency
Feb 15, 2025

On Monday, President Trump’s personal lawyer and Acting Deputy Attorney General Emil Bove ordered prosecutors to drop federal corruption charges against New York City Mayor Eric Adams. Adams had been courting President Trump for weeks, including with a pre-inauguration visit to Mar A Lago, but the shape of the deal struck between the accused Mayor and the incoming administration came into clear view with a flurry of Department of Justice resignations on Thursday. On this week’s episode of Amicus, Dahlia Lithwick speaks to Harry Litman, a former U.S. attorney, and host and executive producer of the podc...

Duration: 01:12:28
Trying To Undo A Coup, In The Courts
Feb 08, 2025

DOGE is running wild in the District of Columbia. Chaos reigns supreme. Trump 2.0 has been frightening and it’s all been happening so fast. But there are lots of people fighting back, as they try to slow the damage. And the courts are exactly where the pushback has been most fierce. One of the teams of people leading the charge includes former Judge Nancy Gertner, one of the many legal professionals suing the Trump administration. Judge Gertner's case is about the list of rank and file FBI agents threatened with retribution and the public disclosure of their names, because the...

Duration: 00:56:00
Trump’s American Takeover
Feb 01, 2025

If you’re punch-drunk and disoriented this week, come on in. Donald J Trump’s second administration is materializing at frightening speed and recklessness and it is hard (and stressful) to keep up with it all. Kim Lane Scheppele, the Laurance S. Rockefeller Professor of Sociology and International affairs at Princeton University, explains that the speed and viciousness of the legal orders in Trump 2.0 are evidence that America 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 and the democratic norms that...

Duration: 00:52:55
Extra: The Federal Funding Freeze
Jan 28, 2025

Amicus is coming to you with an extra episode because of the five-alarm threat to the balance of power in the wake of Monday and Tuesday’s memos from the White House Office of Management and Budget freezing vast tranches of federal funding. As agencies, states, and nonprofits scramble to figure out if they can make payroll or even keep the lights on, a hugely significant legal battle is brewing over what, if any, actual restraint remains on this administration’s vision of presidential power. Dahlia Lithwick is joined by Professor Stephen Vladeck of Georgetown University Law Center to unde...

Duration: 00:38:52
Trump’s Unconstitutional Rampage Against Immigration
Jan 25, 2025

It’s barely been a week and the torrent of horrible coming from the pens and mouth of President Trump is staggering. Many of the executive orders signed this week focus on immigration, and that is where we have our eyes trained as well. This week, to help us make sense of the whirlwind that threatens to upend the lives of millions of people Dahlia Lithwick talks to Aaron Reichlin-Melnick, Senior Fellow and former policy director at the American Immigration Council, a pro-immigrant nonprofit aiming to defend immigrants through litigation, advocacy, and more. Not all executive orders are created eq...

Duration: 00:59:21
Preview: Deciphering The Lawlessness of Trump’s Executive Orders
Jan 21, 2025

Some very clear themes are already emerging from President Donald Trump’s executive orders; cruel, chaotic, and fear-stoking - yes, but also - they’re rife with shoddy drafting (is that you, ChatGPT?), sloppy lawyering, and some are wildly unconstitutional. In an extra episode of Amicus for plus members, Dahlia Lithwick and Mark Joseph Stern begin the work of parsing a few of the many, many executive orders raining down on America in the hours since Trump assumed office for the second time. 

This episode is member-exclusive. Listen to it now by subscribing to Slate Plus. By joini...

Duration: 00:12:34
Preview: Deciphering The Lawlessness of Trump’s Executive Orders
Jan 21, 2025

Some very clear themes are already emerging from President Donald Trump’s executive orders; cruel, chaotic, and fear-stoking - yes, but also - they’re rife with shoddy drafting (is that you, ChatGPT?), sloppy lawyering, and some are wildly unconstitutional. In an extra episode of Amicus for plus members, Dahlia Lithwick and Mark Joseph Stern begin the work of parsing a few of the many, many executive orders raining down on America in the hours since Trump assumed office for the second time. 

This episode is member-exclusive. Listen to it now by subscribing to Slate Plus. By joini...

Duration: 00:12:34
The New Constitutional (dis)Order
Jan 18, 2025

Donald Trump becomes president again on Monday, and as Joe Biden leaves the White House, we’re on the brink of a massive change in how the law is interpreted. Pam Bondi’s confirmation hearing was one of a host of clues this week that we are in for a wild legal and constitutional ride. On this episode of Amicus, host Dahlia Lithwick is joined by constitutional scholar Professor Pamela Karlan to pick through what we learned this week about what the law is and what it is about to become –– from Jack Smith’s report, to the new (presumptiv...

Duration: 00:54:55
TikTok Is Cooked, Trump Is Sentenced
Jan 11, 2025

While Donald J Trump was virtually fuming at his sentencing hearing in Judge Juan Merchan’s New York City courtroom on Friday morning, the nine justices of the US Supreme Court were taking their seats for oral arguments in the so-called TikTok ban case. And while it only took 40 minutes for the president elect’s sentence of an ‘unconditional discharge’ to be pronounced, the arguments over national security, the First Amendment, and an app that 170 million Americans use took a couple of hours longer. 


Amicus has an analysis of all of it. First, Dahlia Lithwick and Mark Jose...

Duration: 00:56:16
Preview: Trump’s Racking Up Supreme Court Loyalty Points
Jan 09, 2025

How do you eat an elephant? One bite at a time.* There is a cluster-you-know-what of constitutional and legal news this week, so Amicus Plus is popping up a little early with a bonus episode to tackle the Trump prosecutions portion of the melee ahead of Friday’s very important TikTok-ban arguments. Dahlia Lithwick is joined by Andrew Weissman, co-host of the MSNBC podcast "Prosecuting Donald Trump” (recently re-launched as “Main Justice” for…. obvious reasons!) Andrew is also author of two New York Times bestsellers, The Trump Indictments and Where Law Ends: Inside the Mueller Investigation.

*We are not ea...

Duration: 00:06:16
John Roberts’ New Year Blame Game
Jan 04, 2025

Happy (?) New Year. Amicus is gingerly stepping into 2025 and into the coming onslaught of Trump 2.0 with one of the country’s very best legal, constitutional and human guides –– civil rights litigator and 14th Amendment scholar Sherrilyn Ifill. Together, Sherrilyn and Dahlia navigate some of the most pressing questions facing the law, the legal profession, and those who care about it. In his end of year judicial report, Chief Justice John Roberts chose to claim the mantle of both embattled civil rights champions and also infallible monarchs while blaming pretty much everyone except the court for the high court’s plummeti...

Duration: 01:00:31
Dead Amendment Walking
Dec 28, 2024

Maybe the court won’t listen to your complaints and questions - but we will. As a parting gift to you this year, Dahlia Lithwick and Mark Joseph Stern answer your questions about Trump, the courts and the constitution. Could Trump be president a third time? What does immigration law look like under Trump 2.0? And a deep dive into Dahlia and Mark’s comic book character psyches.

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 direct...

Duration: 00:47:30
Defamation Stations!
Dec 21, 2024

It wasn’t a great week for speaking truth to power. ABC’s decision to settle Donald Trump’s defamation lawsuit to the tune of $16 million at the behest of parent company Disney sent shockwaves through newsrooms around the country. Coupled with Trump’s lawsuits pending against publishers, journalism prize organizations, CBS, and this week’s news that the President-elect is suing an Iowa pollster and the newspaper that published her poll for “election interference”, rising fears about the freedom of the press are pretty understandable. On this week’s Amicus, Dahlia Lithwick is joined by storied media columnist Margaret Sulliva...

Duration: 00:43:16
Chris Wray Just Made Way For Something Even Worse Than Kash Patel
Dec 14, 2024

Last week, we examined the deeply worrying prospect of Kash Patel, FBI director. This week, that possibility became even more worrisome with respect to the future of the FBI, all sparked by current director Christopher Wray’s announcement of his intention to step down. To kick off this week’s show, Dahlia Lithwick is joined by Slate senior writer Mark Joseph Stern, who explains why Wray’s decision is very bad news for the law and the rule of law. 

Next, the planet: Last summer, we tried to absorb the sheer scale of the shift in the constitu...

Duration: 00:57:51
Meet Kash Patel, Donald Trump’s New Roy Cohn
Dec 07, 2024

What do people inside the Department of Justice think about their once-colleague and possible-future-overlord, Kash Patel? On this week’s Amicus, Dahlia Lithwick is joined by former US Attorney Joyce White Vance to discuss the frightening implications of Patel's potential nomination as FBI Director under the incoming Trump administration. They explore Patel's contentious history, including his time in the DOJ, his authorship of the Nunes memo, and his bottomless loyalty to Trump. They also discuss the broader consequences of Patel’s stated desire to use the Justice Department as a tool for political retribution, including threats to journalists and DOJ...

Duration: 00:46:49
The Right’s About-Turn on Parental Rights
Nov 30, 2024

When it comes to gender affirming care for teenagers, parents’ rights no longer matter. Doctors’ opinions no longer matter. Next week, the Supreme Court will hear arguments in United States. v Skrmetti, challenging Tennessee’s ban on healthcare for trans kids, and upending half a century of gender protection doctrine. 

Dahlia Lithwick is joined by Chase Strangio, co-director of the ACLU’s LGBT & HIV Project, who will also be the first openly trans lawyer to argue at SCOTUS when he argues, alongside the Biden administration, representing the parents and physician of trans adolescents seeking care, in what will be the...

Duration: 00:47:30
Can The Senate Save Us?
Nov 23, 2024

If you had forgotten the chaos of Trump 1.0, the frenzied first two weeks of transition to Trump 2.0 has surely been a stark reminder. A pair of random billionaires are claiming in advance that SCOTUS will back their extra-governmental plans for a slash and burn policy for federal agencies; accusations of sexual misconduct swirl around cabinet picks; nominations are being retracted and replaced, and while all of this happens we are waiting to see whether Republicans in the Senate will step into a role of moderation, or just roll over. This matters a lot with respect to what the federal j...

Duration: 00:40:53
Matt Gaetz And The Clown Car Crash Into The Justice Department
Nov 16, 2024

Trump’s announcement of Matt Gaetz as his pick to head the Justice Department was met with gasps around the Capitol. Dahlia Lithwick is joined by Slate’s senior legal writer Mark Stern to, yes, gasp together, but also to dig into what this stunt Attorney General appointment means for the law and the rule of law. 

Next, Dahlia talks to Dr. Mary Anne Franks, author of Fearless Speech about the new era of censorship we are entering under the unprecedented power of Elon Musk and the oligarchs screaming “free speech” as they sue in their forum-shopped court of...

Duration: 01:13:19
Trump’s Back, This Time Without Guardrails.
Nov 09, 2024

We are, most of us, still very much in the post-election fog. It’s early days and while the fog persists, some of the shape of the future is very clear: despite his felonies, his lies, his promised mass deportations and threats of vengeance, President Donald J Trump will re-enter the White House in 2025 better organized, with a clearer mandate, and with the seal of approval of the popular vote. On this week’s Amicus, Dahlia Lithwick is joined by Protect Democracy’s Ian Bassin to discuss navigating the challenges that lie ahead for American democracy, as we collectively struggl...

Duration: 00:44:11
Deep Breath, Here We Go
Nov 06, 2024

In this extra episode of Amicus, Dahlia Lithwick and Mark Joseph Stern wade through the immediate aftermath of the election. Will splitting the ticket on abortion protect abortion rights nationally? (No) What will the federal government look like at 12:02 pm on January 20th, 2025? (very different than at 11:58 am that day) Are all of Brett Kavanaugh’s wildest unitary executive dreams about to come true? (looks likely!)


This special episode of Amicus is possible thanks to the support of our Slate Plus subscribers. If you’re not a member but you’d like to access weekly bonus episode...

Duration: 00:27:53
The Great Big Pre-Election Freedom and Democracy Show
Nov 02, 2024

This week’s show is unapologetically long, deep, and hopeful. Dahlia Lithwick is joined by Yale history professor Timothy Snyder to talk about his new book, On Freedom, and to have the audacity to re-imagine freedom on the precipice of an election that could turn the United States hard right into tyranny. Next, Dahlia is joined by Rick Hasen, Director of the Safeguarding Democracy Project at UCLA Law School, for a gut-check about how the election might go, legally speaking, and a reminder that “too early to call” is a pro-democracy posture on election night—even as the former guy almo...

Duration: 01:11:33
The 1798 Law Inspiring Trump’s Mass Deportation Dreams
Oct 26, 2024

It’s easy to dismiss nativist rhetoric as mere Trumpy “locker room talk.” But when it comes to immigration, deportation and even detention, rhetoric about foreigners and violent invaders is actually a legal long game. Toward the end of the summer of 2023, Katherine Yon Ebright, counsel in the Brennan Center’s Liberty and National Security Program, noticed that rightwing anti immigration groups and the Trump campaign had started talking in earnest about using a very old law with a very dark history, in order to do very chilling things to immigrants. She started researching the Alien Enemies Act of 1798, the sole...

Duration: 00:50:57
How To Steal A Presidential Election
Oct 19, 2024

You’re nervous. We’re nervous. As we stop for gas with almost two weeks to go before November 5th, we’re kicking the tires of American democracy to see if it’s roadworthy. On this week’s show, Dahlia Lithwick is joined by Matthew Seligman, one of the authors of How to Steal a Presidential Election, to examine the legal avenues available to Donald J Trump and his band of merry lawyers to subvert the presidential election. Seligman answers Amicus listeners’ most common election question: Can MAGA electors refuse to certify the election if they disagree with the outcome?

...

Duration: 01:03:35
27 Years On Death Row
Oct 12, 2024

“Prosecutors elicited perjury and a man's gonna go to his death. We can't allow that to happen.” – Paul Clement, October 9th, 2024. 

This week the US Supreme Court heard arguments in the latest chapter in the complex and prolonged legal battle involving Richard Glossip, who has been on Oklahoma's death row since his conviction for a 1997 murder-for-hire. Following two independent investigations into allegations of prosecutorial misconduct, suppression of material evidence, and a history of inadequate defense counsel, Oklahoma’s Attorney General took the bold step of confessing to constitutional error in the case and supporting a new trial. But Oklaho...

Duration: 01:01:13
What We’re Watching This New Supreme Court Term
Oct 05, 2024

Democracy had a pretty rough ride at the Supreme Court last term. Presidents have criminal immunity now! Agency experts aren’t the experts anymore! Sure, you can convert that rifle into an automatic weapon! And guess what? More horrors await us this term. 

But we are not going to spend this last episode before the start of a new term dispassionately picking over a smattering of cases for a lawyerly preview, or helplessly doom spiraling. Instead, we will hear from two women who refuse to blithely accept what the High Court is handing down—two women who have...

Duration: 00:48:30
Sneak Preview: The RFK Jr Ballot Mess in North Carolina Was Just the Beginning
Oct 02, 2024

State Supreme Courts are vital to the functioning of American democracy. They are also where voting rights are enforced or eviscerated. This is especially true of North Carolina’s State Supreme Court, a battleground court in a battleground state. On a special bonus episode of Amicus, Dahlia Lithwick and Mark Stern (your Amicus Plus dream team) are joined by Justice Allison Riggs of North Carolina’s State Supreme Court for an in-depth interview on what’s at stake in North Carolina this year, and the path forward for progressive priorities and jurists in state courthouses.

This episode is mem...

Duration: 00:11:30
Sneak Preview: The RFK Jr Ballot Mess in North Carolina Was Just the Beginning
Oct 02, 2024

State Supreme Courts are vital to the functioning of American democracy. They are also where voting rights are enforced or eviscerated. This is especially true of North Carolina’s State Supreme Court, a battleground court in a battleground state. On a special bonus episode of Amicus, Dahlia Lithwick and Mark Stern (your Amicus Plus dream team) are joined by Justice Allison Riggs of North Carolina’s State Supreme Court for an in-depth interview on what’s at stake in North Carolina this year, and the path forward for progressive priorities and jurists in state courthouses.

This episode is mem...

Duration: 00:11:30
The Next Supreme Court Gun Fight
Sep 28, 2024

In this week's Amicus, Mark Joseph Stern steps in for Dahlia Lithwick to preview the upcoming Supreme Court term and dive into the high-stakes case of Garland v. VanDerStok. This critical case examines the legality of 'ghost guns'—untraceable firearms that can be assembled at home from kits bought online. Stern talks with Eric Tirschwell, executive director and chief litigation counsel of Everytown Law, the litigation arm of Everytown for Gun Safety. Stern and Tirschwell discuss the profound public safety implications of this case and the dramatic decrease in ghost gun-related crimes following the Biden administration’s introduction of the...

Duration: 00:40:19
The Chief Justice Tips His Hand
Sep 21, 2024

Chief Justice John Roberts has been labeled by some as the serious centrist at the court, and he seemed to embrace and internalize that. But the New York Times’ revelations about behind-the-scenes maneuvers favoring Trump in last term's insurrection cases shattered that illusion once and for all. The Chief’s stance in these cases surprised the Roberts-as-twinkly-eyed-institutionalist brigade, but did not, apparently, shock this week’s guest, Linda Greenhouse. Greenhouse was the New York Times Supreme Court correspondent for 30 years, and is the author of Justice on the Brink: A Requiem for the Supreme Court. 

As we head in...

Duration: 00:41:29
Why Ron DeSantis Hates Direct Democracy
Sep 14, 2024

Republicans from Ohio to Arkansas, from South Dakota to Florida and from Nebraska to Missouri have been throwing everything at trying to keep abortion ballot measures from actually reaching voters. In this week’s Amicus - a deep look at efforts to stifle and chill direct democracy in the states, post Dobbs. Dahlia Lithwick is joined by Jessica Valenti, the author of Abortion: Our Bodies, Their Lies, and the Truths We Use to Win, and Lauren Brenzel, the campaign director for Yes on 4 in Florida, about the playbook that’s being used to threaten ballot initiatives to protect abortion righ...

Duration: 00:47:02
Subvert the Election, But Make It Legal
Sep 07, 2024

The 2024 election is already underway, with some states already sending out ballots for mail-in voting. But as democrats are basking in the waning glow of their brat summer, the republican party spent the summer on a “protect the vote” tour, spearheaded by RNC co-chair and DJT daughter-in-law Lara Trump. It’s a pretty clever step — from “Stop the Steal” to “Protect the Vote” — and it’s just one of the lessons the MAGA party learned from the failed attempt to overturn the 2020 election. This week on Amicus: what’s changed in election law since 2020, and what it means for the vote in 2024. Dahl...

Duration: 00:55:31
The Legal Fallout of Trump’s Immunity
Aug 31, 2024

In the last episode of our series The Law According to Trump, we try to figure out what it all means. In the months since SCOTUS gave Trump even more immunity than he asked for, the people prosecuting the former president are finding themselves in uncharted waters. How are they doing? 

Slate’s Jurisprudence editor Jeremy Stahl talks with host Andrea Bernstein about how Jack Smith has tweaked the election interference cases, as well as how Trump’s legal approach has changed since the Supreme Court ruled for him in Trump v. U.S..

Listen to An...

Duration: 00:06:37
The Legal Fallout of Trump’s Immunity
Aug 31, 2024

In the last episode of our series The Law According to Trump, we try to figure out what it all means. In the months since SCOTUS gave Trump even more immunity than he asked for, the people prosecuting the former president are finding themselves in uncharted waters. How are they doing? 

Slate’s Jurisprudence editor Jeremy Stahl talks with host Andrea Bernstein about how Jack Smith has tweaked the election interference cases, as well as how Trump’s legal approach has changed since the Supreme Court ruled for him in Trump v. U.S..

Listen to An...

Duration: 00:06:37
The Forgotten Jan 6th Case Against Trump
Aug 24, 2024

Former President Donald J Trump keeps figuring out ways to escape criminal liability. The Supreme Court has thrown a wrench into the insurrection case and delayed sentencing in the campaign finance hush money case, while a Florida judge helped him slip out from under charges of recklessly mishandling classified documents… at least, for now.

But Trump has seen less success defending himself in civil courtrooms - including two judgments against him in defamation cases brought by writer E. Jean Carroll. Trump owes tens of millions of dollars.

On this episode of our series “The Law Acco...

Duration: 00:03:34
Don’t Pardon Trump’s Pardons
Aug 17, 2024

The power of the presidential pardon is a holdover from America’s colonial roots. But no one had used it like former President Trump. Over and over he kept pardoning his allies, and then, he’d welcome them back into the fold. . It seemed like he was rewarding these criminals for their loyalty, and belittling whole categories of crime, like fraud, campaign finance violations, and corruption. Is that what was really happening?

This week in our series called The Law According to Trump, we go deeper into Trump’s use of the pardon with Ciara Torres-Spelliscy. Torres-Spelliscy is a p...

Duration: 00:02:54
Michael Cohen and the Trump Lawyers Who Get Burned
Aug 10, 2024

Even before he was president, Donald Trump was known for stiffing his lawyers. But considering how the stakes changed once he took the Oval Office, not getting paid seemed like a pleasant option. During and after his presidency, lawyers who represented Trump have pleaded guilty in election fraud cases, campaign finance cases and more. So why do they keep representing him? Is this risk of jailtime worth the reward of…well, what is the reward?

In this next installment of The Law According to Trump, another lawyer speaks with us about representing Donald Trump. Danya Perry is Mi...

Duration: 00:04:54
Why Donald Trump Sues Everyone
Aug 03, 2024

In the first in a new series, The Law According to Trump,  Amicus begins an extensive exploration of Donald Trump's tumultuous relationship with the courts and legal system, focusing on Trump's use of lawyers and lawsuits to enhance his brand, wealth, and power. In the past few months, attention has rightly been on several blockbuster federal cases involving former President Trump, all the way up to and including his immunity case at the Supreme Court, but Trump’s history with the law goes back much further and is much broader than the election subversion cases. 

While Dahlia Lithw...

Duration: 00:35:18