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

Trump’s actions in Iran have massive global impacts, but they also have serious legal implications. On this extra episode of Amicus, exclusive to our Plus members, Mark Joseph Stern is joined by military law expert Eugene Fidell, a visiting lecturer and senior research scholar at Yale Law School. Their conversation focuses on constitutional constraints, the role of Congress, and the principles of...

“Not on the level” is how Donald Verrilli Jr. describes the Trump administration’s general, current Supreme Court practices. The former United States Solicitor General joins Dahlia Lithwick to discuss the ways this radical new posture is forcing judges to confront arguments and asserted powers previously seen as far beyond presidential authority, while still trying not to shift excessive power to...

The Supreme Court struck down Donald Trump’s sweeping tariffs on Friday, ruling 6–3 that they vastly exceed anything federal law allows a President to do. It was a massive loss for a signature component of Trump’s economic agenda, and a coalition of liberals and conservatives on the court agreed that the statute invoked to impose these tariffs was never intended to be wielded in this fashion. The...

The machinery to enable Stephen Miller’s darkest deportation dreams is both tangible and legal. In this week’s show, Dahlia Lithwick explores the statutory and regulatory foundations of the Trump administration’s expanding network of detention camps, plus the historical background of the vast warehouse system they are using to imprison tens of thousands of migrants. First, she speaks with Linus Ch...

According to Marc Elias , Dahlia Lithwick’s guest on Amicus, “This week will be looked back on as a pivot point in terms of how the midterms play out.” Elias is a nationally recognized authority on voting rights, redistricting and campaign finance law. He is Chair of Elias Law Group and founder of Democracy Docket .  In the past few weeks, Donald Trump’s election denialism has kicked into hig...

Lawyers love legal reasoning. It promises a clean, clear path through sticky, tricky territory. But legal reasoning can enable grotesque real-world outcomes, like torture, or arresting journalists, or masked government agents detaining and disappearing people. On this week’s Amicus, Dahlia Lithwick is in conversation with Joseph Margulies , Professor of Practice of Government at Cornell University...

The evidence is mounting that ICE is not only unbothered by moral boundaries, but immigration and customs enforcement agents acting on behalf of President Trump believe they are not constrained by constitutional red lines, either. According to a super-secret internal memo flagged in a whistleblower complaint this week, the Fourth Amendment simply doesn’t apply to ICE. That sense of impunity is als...

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 sl...

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 militar...

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 s...

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 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...

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...

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 Ifil...

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 bac...

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 boost...

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 t...

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...

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 preside...

“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’...

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 preside...

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 l...

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 milit...

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 c...

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...