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

Ahilan Arulanantham, a seasoned human rights lawyer and UCLA law professor, joins the conversation to dissect a recent Supreme Court ruling that paves the way for racial profiling by ICE. They explore how this decision impacts both immigrants and U.S. citizens, especially within marginalized communities. The chilling reality of heightened fear around immigration enforcement in Los Angeles is highlighted, along with critical discussions on the misuse of legal concepts like reasonable suspicion and the implications for Fourth Amendment rights.

Jill Lepore, the David Woods Kemper 41 Professor of American History at Harvard and a staff writer for The New Yorker, dives into America’s constitutional quandary. She discusses the paralysis of political life and the urgent need for creative engagement with the Constitution. Lepore explores the complexities of amendments, popular constitutionalism, and the voices historically excluded from the Constitution’s narrative. She emphasizes the importance of rekindling the imagination surrounding governance and the potential for meaningful change in a polarized landscape.

Elizabeth "Liza" Goitein, a senior director at the Brennan Center for Liberty and National Security and a renowned expert on presidential emergency powers, joins the discussion. They delve into the controversial deployment of the National Guard in D.C., raising alarms about civil liberties and the potential for military overreach. Goitein highlights the legal frameworks that govern this issue, emphasizing the risks of federalizing the National Guard and concerns over the erosion of democratic principles. The conversation underscores the vital need for vigilance against authoritarian trends in governance.

Karen Thompson, the legal director of Pregnancy Justice, sheds light on the alarming trend of prosecuting women for pregnancy-related outcomes like miscarriages. She discusses the chilling implications of fetal personhood laws gaining traction nationwide, impacting women's rights and autonomy. With some states treating abortion as homicide, the stakes are high for pregnant individuals. Thompson shares stories of women facing legal action for experiences beyond their control and emphasizes the urgent need for legal advocacy to protect reproductive rights.

Matthew Platkin, New Jersey Attorney General and a front-line defender against the Trump administration, discusses the courage of blue states in resisting federal overreach. He highlights legal strategies challenging controversial policies, emphasizing state autonomy and civil rights. The conversation dives into reproductive rights and the critical role of attorneys general in defending democracy amidst political pressures. Platkin shares insights on navigating ethical dilemmas in the legal profession while advocating for a resilient judiciary and constitutional integrity.

Join Maggie Blackhawk, an NYU Law professor specializing in American Indian law, and Gregory Ablavsky, a Stanford Law professor focusing on early American legal history, as they dive into the overlooked perspectives of Native nations during America's founding. They discuss how these communities were crucial yet excluded from the founding narrative. The conversation challenges conventional originalism by revealing Native experiences and their struggles for sovereignty, urging listeners to reconsider the complexities of constitutional history and its implications for marginalized voices.

Reynolds Holding, a journalist and lawyer at Columbia Law School, highlights the inspiring stories of judges fighting for justice in a turbulent political climate. He discusses the personal journeys of these judges, like Carlton Reeves, showcasing their resilience against discrimination and their dedication to civil rights. The conversation delves into the judiciary’s role in promoting democracy, as these courageous judges navigate the challenges of a politicized environment and strive to restore the courts as guardians of equality.

Maya Wiley, President and CEO of The Leadership Conference on Civil and Human Rights, discusses the ongoing threats to voting rights amid attacks on the Voting Rights Act. She highlights the lack of accountability in the current administration and its impact on marginalized communities. The conversation explores the chilling effects of misinformation and redistricting efforts in states like Texas. Wiley emphasizes grassroots power and the critical role of collective action in protecting civil rights, urging listeners to stay vigilant in defending democracy.

Aaron Reichlin Melnick, a Senior Fellow at the American Immigration Council, explores the chilling effects of extreme immigration policies unleashed by the Trump administration. He discusses the surge in aggressive ICE tactics and the troubling rise of racial profiling, especially against Latino communities. The conversation delves into the psychological toll on undocumented families from mass deportation raids and scrutinizes the complexities surrounding wrongful deportations. The implications of recent Supreme Court decisions on immigration law are also examined, revealing a fragile balance between enforcement and human rights.

Senator Sheldon Whitehouse from Rhode Island, a key figure in environmental and judicial matters, joins the conversation to analyze the recent Supreme Court term. He discusses Justice Ketanji Brown Jackson’s influence and unexpected role as a dissenting voice against bias within the court. The chat dives into the problematic nomination of Emil Bove and the implications for judicial accountability. Whitehouse remains hopeful about reforming the judiciary, despite the challenges posed by wealth and influence in American politics.