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

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.

In this discussion, Marc Busch, a Professor of International Business Diplomacy at Georgetown, dives deep into the contentious issue of Trump's 'Liberation Day' tariffs. He explores the historical roots of the International Emergency Economic Powers Act (IEEPA) and critiques the Department of Justice’s arguments distinguishing tariffs from taxes. The conversation unfolds to reveal judicial skepticism, the implications of executive power expansion, and broader economic concerns about trade deficits. Busch warns of potential abuses under IEEPA and delves into the court's dynamics, questioning if election results influenced judicial attitudes.

J. Michael Luttig, a former federal judge and constitutional law commentator, critiques the growing divide between lower courts and the Supreme Court under Trump's rule. He emphasizes the dangers of power consolidation and calls for public trust in the judiciary. Rick Woldenberg, CEO of Learning Resources, shares his fight against the Trump administration's tariffs, highlighting their detrimental effects on small businesses. He explains his decision to litigate instead of succumbing to victimhood, advocating for the importance of local businesses in civic life.

Joyce White Vance, former U.S. Attorney and MSNBC contributor, delves into the precarious state of democracy and justice. She discusses her new book, emphasizing the need for active citizen engagement to defend institutions. Vance critiques the media's role and highlights the threat of politicized legal processes. She stresses the importance of community activism and voter protection against tightening laws. Together with Dahlia Lithwick, they explore the urgency of repairing, not abandoning, democratic structures, all while maintaining a thread of hope for the future.

Janai Nelson, president of the NAACP Legal Defense Fund argued in defense of the Voting Rights Act in the pivotal Supreme Court case,  Louisiana v Callais this week. Nelson joins Dahlia Lithwick on this episode of Amicus to probe the implications of the case for voting rights around the country, and the role of the Supreme Court in a democratic system. Nelson warns that while the consequences of losing Section 2 would be catastrophic, t many Americans are unaware how much of their democracy is undergirded by the rights accorded in the 14th and 15th amendments, and effectuated by the Voting Rights Act. Their conversation delves into the historical context of voting rights, the importance of precedent, and the unfinished, but essential, struggle for racial justice in America. Want more Amicus? Join Slate Plus to unlock weekly bonus episodes with exclusive legal analysis. Plus, you’ll access ad-free listening across all your favorite Slate podcasts. You can subscribe directly from the Amicus show page on Apple Podcasts and Spotify. Or, visit slate.com/amicusplus to get access wherever you listen. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this compelling discussion, military justice expert Eugene R. Fidell and retired Air Force judge advocate Stephen J. Lepper dive into how Trump's legal battles pose a major threat to the military's role under the Constitution. They analyze the implications of presidential immunity on military orders and loyalty. The guests highlight a dangerous shift in the normalization of military presence in U.S. cities and connect recent actions in the Caribbean to broader issues of command authority. They also stress the importance of legal resources for service members grappling with conflicting orders.

Join Ian Millhiser, a Senior Correspondent at Vox focusing on the Supreme Court, as he dives into the upcoming court term. He discusses the implications of the shadow docket, highlighting its impact on public trust and judicial legitimacy. Milihiser breaks down pivotal cases on voting rights, campaign finance, and transgender rights, warning of a more partisan judicial landscape. With urgent assessments on the court's trajectory and its alignment with Trump-era policies, this conversation is a crucial look at the future of American democracy.