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

Donald Trump brags about his boundless freedom while the same Supreme Court that handed him that power has curtailed everyone else's. Confidence in the court has cratered to historic lows, and waiting for a justice to retire is not actually a plan. Could a “shadow court”––a body set up to critique and even to rival SCOTUS—rescue democracy?

In her new book, The Shadow Court: Rescuing Democracy from th...

This week, the Supreme Court blessed the torture of a condemned woman, and the court is set to kick off the new term by doing fossil fuel's bidding. So here at Amicus, we’re not really in the mood for a razzle-dazzle “curtain raiser.” Instead, we’re taking a clear-eyed look at the ways the Roberts court is pulling the constitutional rug out from under the American people.

First, Dahlia is joined by Corinna B...

President Trump announced on Truth Social that he was banning CNN, Politico, and MSNow from the White House because he didn't like their coverage. Within days, a federal judge ordered the outlets be reinstated—but the White House dragged its feet. Hours later, reporters were still locked out and a state dinner with President Xi of China went ahead without them. Jameel Jaffer of the Knight First Amendment Institute join...

You’ve seen the headlines about the lists, the claims, the THREE times this same executive order about voting by mail has gone to the Supreme Court. But is Trump’s interference with  mail-in voting settled—at least with respect to the midterms? Our go-to election law expert, Richard Hasen of UCLA School of Law, joins Dahlia to unpack what just happened and how this postal chaos alters voters’ sense of e...

Capitulation under Trump 2.0 has been devastating to the rule of law. To review a couple of lowlights: One of the nation’s leading lawyers, Brad Karp, cut a deal with Donald Trump in the first days of the bully-in-chief’s second administration that turned out to constitute five flabby bullet points on an unsigned piece of paper. Chief Justice John Roberts is pretending the president is a generic Republican. 

Dahlia ...

It’s past time to say it. This Supreme Court is helping President Donald J. Trump evade accountability. Erwin Chemerinsky, dean of the Berkeley School of Law, joins Dahlia Lithwick to break down the conservative majority's procedural toolkit—standing, ripeness, the Purcell principle, and inscrutable rulings on the shadow docket —and how these doctrinal headfakes are being used to ensure Trump always wins in court,...

With Amicus on a brief summer break, we’re bringing you the final installment of Slow Burn’s latest season, Becoming Justice Gorsuch. Host Susan Matthews enlists Slate’s jurisprudence team—Amicus co-hosts Dahlia Lithwick and Mark Joseph Stern—to discuss Neil Gorsuch’s key rulings to date, his unpredictability, and how this textualist will shape this court (and our country) for decades to come.

With Amicus on a brief summer break, we’re bringing you the second installment of Slow Burn’s latest season, Becoming Justice Gorsuch.

Our friends over at the Slate podcast Slow Burn are good at taking events that we think are settled history, then unlocking a new understanding of those stories through interviews, archives, and fresh analysis. They’ve reexamined Supreme Court history several times in recent years, including a new season about Neil Gorsuch we’re featuring on Amicus for the next three weeks.

In the final episode—for now—of our series on reclaiming constitutional power for every American, Dahlia Lithwick and Mark Joseph Stern urge you to consider the many ways you can make constitutional meaning in your life, your community, and your profession. Joining us to imagine what that has looked like historically and what it might look like tomorrow is New York Times columnist Jamelle Bouie, our former Slate colleag...

Long before the Supreme Court handed down the landmark Obergefell ruling on equal marriage in 2015, activists were canvassing door-to-door, courting any lawmaker who would listen, and losing at the local level—a lot. Their scrappy determination helped convince family members, neighbors and eventually the rest of the country that the Constitution's guarantees of liberty and equality applied to same-sex couples. 

In Episode...

In 1867, an 8-year-old girl named Elizabeth Turner became the epicenter of a legal battle that would help define what freedom really meant after the Civil War. Days after Maryland abolished slavery, her former enslaver had her re-indentured under a sham "apprenticeship" law used to seize Black children. Elizabeth’s mother—and thousands of other parents—refused to accept it. 

For the better part of two centuries of U.S. history, the American people understood that they—and not the Supreme Court—were the final arbiters of the Constitution. But in recent decades, nine unelected justices have claimed that mantle for themselves. Now, with the high court's claim of neutrality and legitimacy crumbling, an urgent question must be answered: Can "We the People" restore our power to interpret the Cons...

The Supreme Court just wrapped one of its most consequential terms in decades—and Amicus brought together three heavyweight legal experts to break down the damage. Their conversation centers on the biggest themes of the recent term: Congress has been sidelined completely; the Court is the final arbiter of all things; hubris has become the methodology, and the midterms should worry us all.  

Dahlia Lithwick and Mark J...

The Supreme Court just wrapped the term with a blitz of extremely consequential decisions, and the smoke hasn’t cleared yet. (In fact, it’s looming like a dark storm cloud over our Fourth of July and America 250th festivities…) In this week’s episode, cohosts Dahlia Lithwick and Mark Joseph Stern focus on two of the term’s bleakest legacies: first, the court’s catastrophically bad use of history...

It was a weird and wild ride as the Supreme Court handed down the last decisions of the term that started all the way back in October of 2025. We were so much younger then. After 58 argued cases and a steady, sneaky stream of shadow docket orders, the court issued its final four decisions Tuesday, and one justice was retired and unretired in short, confusing order. 

The headline win: The court upheld birthright citizenship, but...

The end is nigh! Or, the end of this Supreme Court term is nigh, at least.  

On the second to last day of this term, the court’s right wingers delivered a sweeping ruling that will reshape the federal government for years to come. In Trump v. Slaughter, the conservative supermajority voted 6-3 to allow the president to fire members of independent regulatory agencies—overturning Humphrey's Executor, a 91-year-ol...

Donald Trump ran for office threatening to use mass deportations, closed borders, and emergency wartime powers to “clean up” American immigration. On Thursday, the Supreme Court’s right-wing supermajority gifted him with two stunning victories in that crusade—effectively reshaping life for more than a million people living in the country with temporary protected status, or TPS, and forcing asylum seekers to ...

In this exclusive Opinionpalooza extra, Dahlia Lithwick and Mark Joseph Stern take stock of today’s truly horrendous decisions handed down by a right-wing Supreme Court supermajority that’s marching in perfect lockstep on immigration, gun rights, and almost everything else. Dahlia and Mark sort through the brutalizing, even lethal implications for asylum seekers and more than 1 million recipients of temporary protected ...