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•Transcript available on Metacast 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•Transcript available on Metacast 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•Transcript available on Metacast 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•Transcript available on Metacast 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•Transcript available on Metacast 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•Transcript available on Metacast 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•Transcript available on Metacast 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•Transcript available on Metacast 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•Transcript available on Metacast 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•Transcript available on Metacast 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•Transcript available on Metacast 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•Transcript available on Metacast 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 discu...
Dec 07, 2024•53 min•Transcript available on Metacast 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, alongsi...
Nov 30, 2024•53 min•Transcript available on Metacast 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 ...
Nov 23, 2024•46 min•Transcript available on Metacast 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 screami...
Nov 16, 2024•1 hr 19 min•Transcript available on Metacast 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 navigati...
Nov 09, 2024•50 min•Transcript available on Metacast 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...
Nov 06, 2024•28 min•Transcript available on Metacast 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 “...
Nov 02, 2024•1 hr 17 min•Transcript available on Metacast 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 histo...
Oct 26, 2024•56 min•Transcript available on Metacast 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 ...
Oct 19, 2024•1 hr 9 min•Transcript available on Metacast “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 inadeq...
Oct 12, 2024•1 hr 7 min•Transcript available on Metacast 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 ...
Oct 05, 2024•54 min•Transcript available on Metacast 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 ...
Oct 02, 2024•12 min•Transcript available on Metacast 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 pub...
Sep 28, 2024•46 min•Transcript available on Metacast 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 Su...
Sep 21, 2024•47 min•Transcript available on Metacast 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, ...
Sep 14, 2024•53 min•Transcript available on Metacast 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...
Sep 07, 2024•1 hr 1 min•Transcript available on Metacast 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...
Aug 31, 2024•7 min•Transcript available on Metacast 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 Car...
Aug 24, 2024•4 min•Transcript available on Metacast 
