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 ...
May 24, 2025•1 hr 16 min
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...
May 17, 2025•1 hr 3 min
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...
May 10, 2025•1 hr 8 min
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 sout...
May 03, 2025•1 hr 21 min
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 litigati...
Apr 26, 2025•1 hr 15 min
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 a...
Apr 19, 2025•1 hr 18 min
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 ...
Apr 12, 2025•1 hr 2 min
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 Co...
Apr 08, 2025•7 min
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, ...
Apr 05, 2025•55 min
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 l...
Mar 29, 2025•1 hr 16 min
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 Lawf...
Mar 22, 2025•1 hr 20 min
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...
Mar 18, 2025•10 min
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 la...
Mar 15, 2025•42 min
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 ...
Mar 08, 2025•1 hr 5 min
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” d...
Mar 05, 2025•7 min
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, a...
Mar 01, 2025•51 min
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 ...
Feb 22, 2025•59 min
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...
Feb 15, 2025•1 hr 19 min
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 agent...
Feb 08, 2025•1 hr 3 min
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. ...
Feb 01, 2025•59 min
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. Dah...
Jan 28, 2025•43 min
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 aimi...
Jan 25, 2025•1 hr 6 min
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...
Jan 21, 2025•13 min
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 Jac...
Jan 18, 2025•1 hr 1 min
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 lon...
Jan 11, 2025•1 hr 3 min
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 Y...
Jan 09, 2025•6 min
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 civi...
Jan 04, 2025•1 hr 7 min
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-...
Dec 28, 2024•53 min
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 ...
Dec 21, 2024•49 min
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...
Dec 14, 2024•1 hr 3 min
