Amicus With Dahlia Lithwick | Law, justice, and the courts What We Got Wrong About SCOTUS in 2025
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Dec 27, 2025 The Supreme Court has shifted further right, often aligning with Trump's agenda and targeting voting rights. Dahlia Lithwick and Mark Joseph Stern discuss the significant cases of 2025 that affect democracy and checks on power. They critique how the Roberts majority has expanded executive authority while undermining lower courts. The hosts emphasize the urgency of civic engagement, encouraging listeners to be active in protecting democracy. They explore the risky dynamics the justices face in public perception and accountability amid their controversial decisions.
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Limits On Federalizing The National Guard
- The Court ruled Trump unlawfully federalized the National Guard in Chicago by requiring the president first to try the regular military.
- That limit constrains similar federal deployments but not the District of Columbia's special status.
Kavanaugh's Shadow-Docket Backpedal
- Brett Kavanaugh tried to walk back his prior ruling on immigration stops but his attempt doesn't erase its real-world consequences.
- Dahlia Lithwick and Mark Joseph Stern say those operational changes already took hold as 'Kavanaugh stops.'
The Center Moved Farther Right
- The presumed moderate center (Roberts, Barrett, Kavanaugh) shifted further right and aligned more with Trump's agenda than expected in 2025.
- That alignment accelerated executive power gains like abolishing nationwide injunctions.