
Amicus With Dahlia Lithwick | Law, justice, and the courts SCOTUS Greenlights Trump, Gaslights America
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Dec 6, 2025 Malcolm Nance, a former U.S. Navy intelligence officer and counterterrorism expert, joins to discuss the unsettling implications of recent Supreme Court decisions. He critiques Trump's efforts to limit birthright citizenship and addresses the role of racial gerrymandering in undermining voting rights. Nance dives deep into military law, emphasizing the duty to refuse unlawful orders. He also challenges the administration's justification for controversial military actions, warning of the operational risks they pose to troops and the potential consequences of lawless conduct.
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Supreme Court Takes Up Birthright Citizenship
- The Supreme Court agreed to decide whether the Constitution grants near-universal birthright citizenship.
- Mark Joseph Stern predicts the Court will resolve the issue on the merits by June and likely affirm the 14th Amendment's reach.
Shadow Docket Revives Texas Gerrymander
- The Court's shadow-docket action revived a Texas map that dilutes minority voting power.
- Dahlia Lithwick frames the decision as evidence the Roberts Court is aligned to help Republicans retain seats.
Alito’s Concurrence Flips Credibility
- Justice Alito's concurrence accuses plaintiffs of weaponizing racial-gerrymandering claims for partisan ends.
- Mark Joseph Stern says the concurrence flips credibility, presuming good faith for mapmakers and bad faith for minority plaintiffs.








