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

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...

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...

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, unarg...

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 plain...

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...

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...

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...

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 ho...

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 m...

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 a...

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...

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 s...

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 senio...

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 D...

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 f...

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...

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 re...

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 t...

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...

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 Qui...

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. ...

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...

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 b...

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 A...

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 offic...