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

Joining the conversation are Steve Vladeck, a law professor renowned for his expertise on military justice and national security, and Julia Gegenheimer, a former DOJ prosecutor now at Georgetown Law. They delve into the complexities of the Insurrection Act, discussing its historical context and why Trump's potential invocation could overstep legal boundaries. Julia raises alarms about the Justice Department’s lack of accountability in cases like Renee Good’s killing, emphasizing the troubling implications of a politicized DOJ and excessive force in policing.

Brian Finucane, a senior advisor at the International Crisis Group and former legal advisor at the U.S. State Department, joins to discuss the troubling intersection of Trump's foreign policy and domestic lawlessness. They analyze the implications of unchecked presidential power and the lawfulness of military actions in Venezuela. Finucane emphasizes the importance of international legal constraints, while highlighting the potential dangers of labeling groups as enemies—linking this rhetoric to risks in both foreign and domestic realms.

Kim Lane Scheppele, Laurance S. Rockefeller Professor at Princeton, dives into the alarming rise of autocracy in the U.S. She highlights how early moves by Trump echo global authoritarian strategies. Scheppele explains the dangerous interplay between lawful elections and the erosion of checks and balances. She describes tactics like performative cruelty that target marginalized groups to distract from consolidating power. The conversation underscores the importance of civic resistance and the value of functioning government in maintaining democracy.

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.

Lee Gelernt, an ACLU attorney known for his work in civil rights and immigration litigation, joins to discuss alarming legal battles following the Trump administration's treatment of migrants. He recounts the dramatic March 15 renditions, revealing how over 250 men were unlawfully sent to a notorious prison despite a court order. Gelernt explains the controversial Alien Enemies Act and its implications for democracy. The episode dives into the government's defiance, ongoing lawsuits, and the urgent need for legal accountability amidst potential abuse of power.

Sherrilyn Ifill, a civil rights lawyer and former NAACP leader, joins the discussion to unpack the vital role of the 14th Amendment in American democracy. She highlights how recent political rhetoric threatens birthright citizenship and civil rights. Ifill draws parallels between past civil rights victories and today's challenges, urging civic engagement and community action. She emphasizes the importance of local courts and grassroots efforts, reminding listeners that visibility and sustained activism are essential for progress in combating systemic racism.

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.

Jedediah Britton-Purdy, a law professor and author focusing on democracy, and David Pozen, a scholar of constitutional law, delve into the complexities of Trumpism. They discuss the authoritarian crisis and how Trump's actions reflect deeper democratic dysfunction in America. The conversation highlights competing narratives—whether Trumpism represents revolutionary change or just a continuation of established problems. They also explore policy responses and the challenges of overcoming political fragmentation in today's media landscape.

In a compelling discussion, former federal prosecutor Mimi Rocah dives into the implications of the DOJ’s recent actions and the ongoing fallout from the Epstein case. She highlights how released files empower survivors and reveal systemic failures that protect abusers. The conversation also tackles the problematic influence of Trump's political pressures on legal proceedings, particularly the chaotic situation surrounding the indictment of James Comey. Rocah paints a vivid picture of the erosion of prosecutorial credibility and the challenges facing justice in America today.

Mark Wolf, a retired U.S. district judge, candidly discusses his departure from the bench to highlight threats against democracy and the rule of law. He reflects on past reforms and calls for civic engagement. Joining him, California Attorney General Rob Bonta explains the state's legal battles against the federal administration, including urgent cases to uphold SNAP benefits and challenges against federal overreach. Together, they emphasize the importance of judicial integrity and public involvement in protecting democratic values.