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Amicus With Dahlia Lithwick | Law, justice, and the courts
Trump’s Tariffs Overturned
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The Supreme Court struck down Donald Trump’s sweeping tariffs on Friday, ruling 6–3 that they vastly exceed anything federal law allows a President to do. It was a massive loss for a signature component of Trump’s economic agenda, and a coalition of liberals and conservatives on the court agreed that the statute invoked to impose these tariffs was never intended to be wielded in this fashion. The 6 disagreed emphatically as to the reasoning. The dissenters were Big Mad. On this week’s Amicus, Dahlia Lithwick and Mark Joseph Stern unpack the rationale behind the decision, and the implications for those seeking a remedy. And they ask what to make of this massive loss from a court that has yet to truly tell this President “no.”
Then, the press clause of the First Amendment, a once-cherished constitutional right, has fallen victim to neglect and sabotage in recent years, taking a back seat to the more vaunted love affair with individual “free speech.” But, as recent developments—including the arrest of journalist Don Lemon and the heavy-handed interview-spiking “guidance” of late night host Stephen Colbert—illustrate, the freedom of the press is no slam-dunk when it comes to saving democracy in Trump’s America. Dahlia speaks with First Amendment scholars Sonja West (University of Georgia) and RonNell Andersen Jones (University of Utah) about the health of the press clause and the themes in their book, The Future of Press Freedom: Democracy, Law, and the News in Changing Times. They trace the ways in which the framers viewed press freedom as a core, structural “bulwark of liberty,” and why the Supreme Court has increasingly treated it as a neglected companion to free speech rights; leaving weakened and fragile protections for news gathering. The conversation contrasts Trump’s first-term rhetorical delegitimization of the media with a second-term shift toward tangible actions: access restrictions, funding cuts, agency leverage, and selective regulatory pressure.
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Trump Thwarted, Orban Toppled: The New Roadmap for Democrats
54:21|Hungary’s autocratic creep was turned back at the ballot box last weekend, in a stark rebuke to the forces of illiberalism and to the American conservatives who invested so heavily in former Hungarian leader Viktor Orban’s mission. It’s good news. But it’s not the end of the story. It behoves pro-democracy forces in the United States to move past the example of democratic resilience in Hungary to real, systemic change to the machinery of American democracy. On this week’s Amicus podcast, Norm Eisen, former ambassador and current democracy warrior (as founder of www.democracydefendersfund.org), tells Dahlia Lithwick that America’s response to Trumpism starts with protecting the rule of law, safeguarding elections, and strangling corruption—the three pillars of a genuine democratic recovery. The key isn’t just fixing courts or passing reforms—it's about building a democratic coalition based on simple, clear issues. As Democrats dare to dream of what may be possible in a post-Trump America, it’s time to start making concrete, workable plans. This week’s show highlights the roadmap out of autocracy, through coalitions, court reform, and corruption-busting. Want more Amicus? Join Slate Plus to unlock weekly bonus episodes with exclusive legal analysis. Plus, you’ll access ad-free listening across all your favorite Slate podcasts. You can subscribe directly from the Amicus show page on Apple Podcasts and Spotify. Or, visit slate.com/amicusplus to get access wherever you listen.Time to Impeach Trump Again?
01:06:12|The events of the past week have revealed a terrifying disconnect between the constitutional remedies available to us and the gravity of the threats posed by an utterly unfit President with his finger on the nuclear button. On this week’s Amicus, Dahlia Lithwick turns to two experts on impeachment and the 25th Amendment: Rep. Jamie Raskin, and Professor Michael Gerhardt. Each has been at the very epicenter of democratic attempts to access the constitutional tools demanded by this moment. Rep. Raskin explains the urgent update needed to bolster the 25th amendment, and Professor Gerhardt explains the value of impeachment, even in lieu of conviction and removal, and why right now is high time to try Trump for high crimes. Want more Amicus? Join Slate Plus to unlock weekly bonus episodes with exclusive legal analysis. Plus, you’ll access ad-free listening across all your favorite Slate podcasts. You can subscribe directly from the Amicus show page on Apple Podcasts and Spotify. Or, visit slate.com/amicusplus to get access wherever you listen.Was it Worth it, Pam?
53:03|It was a rough week for two of the top lawyers in the Trump administration, and it couldn’t happen to a nicer pair ... Ever since Donald Trump’s return to office and the installation of his (second choice) Attorney General, we’ve been tracking the toxic combination of incompetence and cruelty at the Department of Justice. Pam Bondi, Trump’s hand-picked attack dog for Attorney General, finally reached the point of no return. She’s out, and Todd Blanche is in … for now. Dahlia Lithwick and Mark Joseph Stern discuss AG Bondi’s legacy, and why she may still be dragged before congress to answer for the DOJ’s mishandling of the Epstein Files. Meanwhile, over at One, First Street, Mr. Trump became the first sitting president to show up live and in person to oral arguments, in a woefully misguided possible attempt to intimidate “his” justices into buying his nonsensical theory about birthright citizenship. John Sauer, his Solicitor General, flopped and flailed, and revealed a fundamental flaw at the heart of the second Trump presidency: if loyalty is the only test, you might fail a bunch of other, more significant, tests. Finally, Dahlia and Mark unpack the thorny and confusing 8-1 decision from the High Court in Chiles v. Salazar, taking a huge bite out of conversion therapy bans, and what that means for LGBTQ youth and the First Amendment. Want more Amicus? Join Slate Plus to unlock weekly bonus episodes with exclusive legal analysis. Plus, you’ll access ad-free listening across all your favorite Slate podcasts. You can subscribe directly from the Amicus show page on Apple Podcasts and Spotify. Or, visit slate.com/amicusplus to get access wherever you listen.Preview: A Blowout for Birthright Citizenship at SCOTUS
05:04|This bonus episode of Amicus, with full access exclusive for Slate Plus members, is a comprehensive exploration of Wednesday’s arguments in the Trump v. Barbara case on birthright citizenship. This landmark case challenges the executive order aimed at denying citizenship to children born in the U.S. to undocumented immigrants and temporary visa holders, potentially affecting millions of individuals born in the U.S. Mark Joseph Stern talks to legal scholar Evan Bernick –– who co-authored a key amicus brief in this case –– about the Supreme Court’s reaction to Trump’s order to gut the 14th amendment of the constitution and remake the legal landscape surrounding citizenship. The stakes are high, and the implications reach far beyond the courtroom.This episode is member-exclusive. Listen to it now by subscribing to Slate Plus. By joining, not only will you unlock weekly bonus episodes of Amicus—you’ll also access ad-free listening across all your favorite Slate podcasts. You can subscribe directly from the Amicus show page on Apple Podcasts and Spotify. Or, visit slate.com/amicusplus to get access wherever you listen.Trump Has a Plan for the Midterms, SCOTUS May Help
53:31|On this week’s Amicus, Dahlia Lithwick checks in with Protect Democracy co-founder Ian Bassin about the United States’ speedy retreat from democracy, and how lawyers seeking to protect the constitution are adapting their strategies for Trump 2.0. While Trump’s second term is following an authoritarian playbook, some courts are acting as speed bumps, while others (we’re looking at you, SCOTUS), are increasingly pickled in right-wing brine. The velocity of America’s descent into illiberalism is startling and dangerous, but Bassin argues it is also potentially self-defeating, thanks to Trump’s historic unpopularity that is growing faster than his ability to consolidate power. The two discuss Protect Democracy’s shift from a litigation-heavy strategy to combining court fights with coalition-building, and Ian outlines threats to the 2026 elections—“deceive, disrupt, deny”—including efforts like the SAVE Act and why the President’s decision to deploy ICE to stand around in airports around the country is a clear effort to normalize their presence at polling places in November. But he also stresses that overwhelming participation and public organizing are the ultimate backstops if election results are contested.Suggested reading: protectdemocracy.org/executive-override/Want more Amicus? Join Slate Plus to unlock weekly bonus episodes with exclusive legal analysis. Plus, you’ll access ad-free listening across all your favorite Slate podcasts. You can subscribe directly from the Amicus show page on Apple Podcasts and Spotify. Or, visit slate.com/amicusplus to get access wherever you listen.The Roberts Court’s Internal Reckoning
53:37|This Supreme Court term has seen threats against the Justices – from the President, a slew of game-changing shadow docket opinions, justices sparring in public, and some of the most consequential cases of our lifetimes. If you’re feeling a little disoriented by it all, join Dahlia Lithwick and Mark Joseph Stern on this week’s show for a clearer understanding of what’s going on at One, First Street. They discuss the big immigration case the court took up just this week that will be crammed into the last week of arguments, Justice Ketanji Brown Jackson’s courage at a public event, and what it means when a justice steps out of the four corners of her opinions to voice urgent concerns about the shadow docket in public, and why, when it comes to threats to judges, the Chief Justice is meekly asking Trump knock it off, while taking no responsibility for his court’s role in it all. Supplemental reading: The Constitutional Accountability Center on the history of mail-in ballotsThis week’s Executive Dysfunction newsletter from Slate’s jurisprudence team is a must-read: slate.com/dysfunctionWant more Amicus? Join Slate Plus to unlock weekly bonus episodes with exclusive legal analysis. Plus, you’ll access ad-free listening across all your favorite Slate podcasts. You can subscribe directly from the Amicus show page on Apple Podcasts and Spotify. Or, visit slate.com/amicusplus to get access wherever you listen.Immigration Myths and Birthright Citizenship
51:06|Next month, the Supreme Court will hear arguments in the birthright citizenship case, Trump v. Barbara. It’s still somewhat unbelievable that the high court will entertain arguments in favor of gutting an utterly clear constitutional commitment. Nonetheless, our motto on Amicus is “legal knowledge is power,” and in this case, historical understanding of legal knowledge … is power. On this week’s show, Dahlia Lithwick interviews constitutional and immigration scholar Anna O. Law about her forthcoming book, Migration and the Origins of American Citizenship. In preparation for a lot of very bad originalist takes, Lithwick and Law discuss how immigration actually worked in the colonial and pre-Civil War eras and why the framers of the Reconstruction Amendments (including the birthright citizenship clause of the 14th Amendment) meant exactly what they said and said exactly what they meant. Law also explains how and why Wong Kim Ark affirmed birthright citizenship for children of Chinese immigrants, and emphasizes that the words “subject to the jurisdiction” had narrow historical exceptions. Finally, a reminder that the framers of the 14th Amendment chose to constitutionalize citizenship rather than establish it in statute—in anticipation of exactly the situation America finds itself in today. Want more Amicus? Join Slate Plus to unlock weekly bonus episodes with exclusive legal analysis. Plus, you’ll access ad-free listening across all your favorite Slate podcasts. You can subscribe directly from the Amicus show page on Apple Podcasts and Spotify. Or, visit slate.com/amicusplus to get access wherever you listen.Church and State are Being Reunited, Thanks to SCOTUS
49:36|On this week’s Amicus, Dahlia Lithwick explores the rise of Christian nationalism in America, its influence on the Supreme Court , and the implications for democracy and civil rights. Featuring Rachel Laser, CEO of Americans United for Separation of Church and State, their discussion delves into the historical roots, recent legal cases, and the ongoing fight to uphold the separation of church and state in a country that survived two centuries as an open, pluralist refuge for all religions, and then became a Christian nation, seemingly overnight.Want more Amicus? Join Slate Plus to unlock weekly bonus episodes with exclusive legal analysis. Plus, you’ll access ad-free listening across all your favorite Slate podcasts. You can subscribe directly from the Amicus show page on Apple Podcasts and Spotify. Or, visit slate.com/amicusplus to get access wherever you listen.Preview: This War is Obscenely Illegal
07:46|Trump’s actions in Iran have massive global impacts, but they also have serious legal implications. On this extra episode of Amicus, exclusive to our Plus members, Mark Joseph Stern is joined by military law expert Eugene Fidell, a visiting lecturer and senior research scholar at Yale Law School. Their conversation focuses on constitutional constraints, the role of Congress, and the principles of international law, and emphasizes the need for Congress to reclaim its war powers. While it seems like real consequences are unlikely for those responsible for flouting these laws, there are serious implications for American democracy. Fidell explains why he’s calling for impeachment as a response to these unconstitutional actions––even if such a move is very unlikely to succeed. This episode is member-exclusive. Listen to it now by subscribing to Slate Plus. By joining, not only will you unlock weekly bonus episodes of Amicus—you’ll also access ad-free listening across all your favorite Slate podcasts. You can subscribe directly from the Amicus show page on Apple Podcasts and Spotify. Or, visit slate.com/amicusplus to get access wherever you listen.