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

Trying To Undo A Coup, In The Courts

Feb 8, 2025

Former Judge Nancy Gertner, now a prominent figure in lawsuits against the Trump administration, shares her insights on recent legal victories in court, particularly regarding the intimidation of FBI agents involved in prosecuting January 6 cases. Joining her is Mark Joseph Stern from Slate, who offers an update on significant challenges, including those related to birthright citizenship. They discuss the judiciary's crucial role in safeguarding democracy against executive overreach and the implications of these ongoing legal battles for civil rights.

01:02:30

Episode guests

Nancy Gertner

Mark Joseph Stern

AI Summary

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Episode notes

Podcast summary created with Snipd AI

Quick takeaways

The legal community is fiercely opposing the administration's actions through lawsuits aimed at protecting federal workers and democratic principles.

Recent judicial rulings have affirmed constitutional rights, particularly regarding birthright citizenship, highlighting the judiciary's role in defending democratic norms.

Civic engagement is crucial for citizens to combat the erosion of democracy, emphasizing advocacy and participation to hold the government accountable.

Deep dives

The Rule of Law Under Siege

The current administration has displayed a blatant disregard for the rule of law, often treating it as an obstacle to its policy ambitions. This troubling approach raises concerns about the undermining of democratic governance and the integrity of federal agencies. Notably, private individuals, such as Elon Musk, have inappropriately influenced government operations, which has led to a constitutional crisis. This situation has prompted legal action from various groups aiming to restore adherence to constitutional principles and protect government functions from overreach.

Intro

2min

Legal Battles for Democracy

14min

Judicial Resilience Against Executive Overreach

8min

The Law's Shield: Democracy Under Threat

11min

Engaging in Political Activism

5min

Judicial Integrity and Misinformation

7min

Legal Challenges to Trump's Birthright Citizenship Order

4min

Upholding Birthright Citizenship and the Rule of Law

3min

A Defense of Judicial Integrity Against Executive Overreach

6min

DOGE is running wild in the District of Columbia. Chaos reigns supreme. Trump 2.0 has been frightening and it’s all been happening so fast. But there are lots of people fighting back, as they try to slow the damage. And the courts are exactly where the pushback has been most fierce. One of the teams of people leading the charge includes former Judge Nancy Gertner, one of the many legal professionals suing the Trump administration. Judge Gertner's case is about the list of rank and file FBI agents threatened with retribution and the public disclosure of their names, because they did their jobs and prosecuted January 6th cases. Gertner is involved with a slew of cases from the State Democracy Defenders Fund. She talks with host Dahlia Lithwick about the many wins against the administration in court this past week, and whether they matter. Next, Slate senior writer Mark Joseph Stern joins Dahlia to update us on the DOGE litigation and the Birthright Citizenship cases.

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