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

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 autocrac...

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 Lithw...

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 ...

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 ...

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 di...

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 di...

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 functionin...

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 De...

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 w...

“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 ta...

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 rubb...

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 catastroph...

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 an...

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 wil...

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 Drive...

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, an...

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 c...

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 deployme...