The Al Franken Podcast 223: Dahlia Lithwick on the Courts vs. Trump
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May 11, 2025 
Join Dahlia Lithwick, an award-winning journalist and host of Amicus, as she dives into the judiciary's courageous stand against Trump-era policies. She sheds light on the Supreme Court's unanimous ruling regarding Kilmar Abrego Garcia and discusses the implications of Trump's targeting of law firms. The conversation also explores looming fetal personhood bills heading to the Supreme Court and raises questions about the ongoing constitutional crisis. Lithwick's insights reveal the vital intersection of law and society in today's climate.
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Courts Overwhelmingly Push Back Trump
- Courts have overwhelmingly pushed back against Trump administration policies, losing in over 200 cases in his first 100 days.
- Key losses include birthright citizenship and deportation policies, showing broad judicial rejection of Trump's legal theories.
Birthright Citizenship Clarity
- Birthright citizenship under the 14th Amendment is clear and unambiguous, granting citizenship to all born in the U.S.
- Trump's argument focuses on "subject to the jurisdiction thereof," claiming it excludes children of non-citizen parents, a claim courts reject.
Law Firms Fight Trump Pushback
- Law firms forced to cut deals with Trump struggled, but others fighting back like Perkins Coie won court victories protecting free speech.
- Young lawyers resist firms that capitulated, worried about ethical and career implications of cooperating with the administration.