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

Jed Shugerman, a Professor of Law at Boston University, dives into the unprecedented turmoil at the Supreme Court. He and Mark Joseph Stern discuss the rise of shadow docket cases and their implications for democracy. The conversation highlights the troubling embrace of unitary executive theory, allowing unprecedented presidential power, particularly during Trump’s influence. They critique the current Court’s decisions affecting critical issues like gender-affirming care and reproductive rights, underscoring the urgent need for judicial accountability and transparency.

Aziz Huq, a law professor at the University of Chicago, delves into the concept of a 'dual state,' revealing how legal systems can evolve to allow for authoritarianism without the public noticing. He discusses the implications of recent Supreme Court decisions that favor executive power and weaken judicial independence. The conversation highlights the struggles for marginalized communities under these legal frameworks and draws parallels between historical injustices faced in Nazi Germany and current challenges in the U.S., illuminating the complex dynamics of justice today.

The Supreme Court debates birthright citizenship, revealing deep divides among justices. While four justices question the motives behind Trump's actions, the male justices appear more accepting. The tension revolves around nationwide injunctions issued against executive orders, raising concerns about judicial authority. This clash underscores the judiciary's role in upholding fundamental rights amidst unprecedented challenges. The discussions also touch on the implications for democracy and the balance of power, highlighting the critical dynamics within the court.

Kara Swisher, a renowned tech journalist, discusses the perilous influence of tech billionaires like Elon Musk on U.S. governance, especially concerning privacy and deregulation. Accompanying her is Mary-Rose Papandrea, a constitutional law expert and former clerk for Justice Souter, who honors Souter’s legacy of humility and judicial thoughtfulness. They delve into how big tech's disregard for law raises serious societal implications while reflecting on the intricate power dynamics in democracy and the judiciary's role in addressing them.

Amanda Frost, a law professor at the University of Virginia and author of 'You Are Not American,' dives into the implications of current immigration policies. She discusses the alarming trend of redefining birthright citizenship and its potential impact on millions of American children. The conversation also explores a landmark ruling from a Trump-appointed judge that challenges the Alien Enemies Act, showcasing judicial pushback against unconstitutional immigration actions. Frost emphasizes the historical significance of citizenship rights and the ongoing battle against disenfranchisement.

Skye Perryman, President of Democracy Forward, leads vital legal challenges against Trump’s actions, discussing how recent court victories are reshaping the administration's perceived power. Mark Joseph Stern from Slate joins to analyze the Supreme Court's significant halt on deportations to El Salvador. They delve into issues of judicial resistance, accountability, and the critical role of ongoing advocacy in safeguarding democracy, emphasizing the importance of protecting individual rights in the face of government overreach.

Ever since March 15, when three flights carrying hundreds of men who had been afforded zero due process left United States airspace and landed in El Salvador, American democracy has been hurtling toward an internal conflict that the federal judiciary would very much prefer to avoid, but just keeps getting more unavoidable. On this week’s Amicus podcast, Mark Joseph Stern is joined by Leah Litman for the first half of the show. They discuss how, faced with a Trump administration that claims the ability to rewrite the Constitution on the fly, denies the ability to follow court orders, and dangles the possibility of extending its lawlessness to renditioning American citizens to a foreign prison, the federal judiciary this week did what the Supreme Court failed to do last week: explicitly call out the regime’s lawless actions. Aptly, Leah’s new book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes, comes out on May 13 and they discuss how the highest court’s enabling of Trump and MAGA more broadly has brought us to the constitutional precipice. Next: In the six months since the re-election of Donald Trump, abortion and reproductive rights have been squished way below the fold, news-wise, obscured by an ever-mounting pile of terrifying headlines. But outside of the public glare, the legal landscape of reproductive rights has been shifting. Dahlia Lithwick talks to Mary Ziegler about her book Personhood: The New Civil War Over Reproduction.   Together, they examine how notions of fetal and embryonic personhood are fueling punitive actions against women, physicians, and those who provide or seek healthcare related to reproduction.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

Jesse Weber, managing partner at Brown Goldstein and Levy, is a litigator focused on securing equal access for people with disabilities. In this discussion, she dives into the implications of the Supreme Court's ruling on Gilmar Abrego Garcia's wrongful deportation and its relationship with executive power. Jesse also addresses the ethical dilemmas law firms face under political pressure, emphasizing the critical role of integrity in law and the necessity for attorneys to engage in pro bono work to champion social justice.

The Supreme Court's recent rulings present a legal maze for Venezuelan migrants facing deportation. A decision complicates their ability to appeal as they must now file individual petitions instead of a unified class action. Detainees grapple with securing legal representation amid restrictive conditions. Plus, the discussion highlights the legal fallout from the Trump administration's controversial handling of migrant detentions, raising profound questions about due process and the implications of government actions in the realm of immigration law.

In this discussion, lawyer Simon Sandoval-Moschenberg sheds light on the harrowing experience of Kilmar Armando Abrego Garcia, a family man wrongfully deported to El Salvador due to a bureaucratic error. As they unravel the complexities of immigration law, Sandoval-Moschenberg reveals the emotional toll on families grappling with such injustices. Additionally, Slate's Mark Joseph Stern dives into the controversial tariffs introduced during the Trump administration, questioning their legality and underscoring the broader implications for American consumers.