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

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.

Justin Driver, a Yale Law School professor and author of 'The Fall of Affirmative Action,' dives into the Supreme Court's recent decision on affirmative action and its profound repercussions on higher education. He emphasizes how this ruling has led to significant drops in Black enrollment at elite colleges. Driver also discusses the polarized nature of affirmative action, the implications of Chief Justice Roberts' rationale, and suggests practical race-neutral strategies for maintaining diversity on campuses. His insights challenge both critics and supporters of current policies.

In this engaging conversation, Mary Anne Franks, a law professor and author of Fearless Speech, dives deep into the current state of free speech in America. She critiques the contradictions of free-speech absolutism, highlighting how recent government actions compromise First Amendment rights. Franks discusses the perils of blending entertainment, technology, and governance, revealing how this mix fosters censorship. The dialogue uncovers a cycle of blame towards universities and politicization that exacerbates surveillance and dissent chilling.

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.