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

Mark Joseph Stern, a legal analyst from Slate, joins to dissect the Roberts Court's recent ruling on gender-affirming care for trans minors, effectively banning it in over 20 states. The discussion delves into the stark legal barriers being imposed, particularly in Tennessee, where similar treatments remain available for non-trans minors. Stern critiques the Supreme Court's framework, linking it to broader implications for transgender rights and even drawing parallels with recent abortion rulings, showcasing the ongoing struggle for recognition and equality.

Witness the tension in America as tanks roll through D.C. while protests erupt nationwide. A U.S. Senator is confronted and cuffed for attempting to ask a question, raising alarms about the erosion of democratic norms. Explore the clash between federal and state authority amidst unrest in L.A. and delve into the importance of truth-telling in a time of rising authoritarianism. Legal battles around First Amendment rights take center stage, emphasizing the critical role lawyers play in safeguarding democracy.

Michael Podhorzer, a senior fellow at the Center for American Progress and former political director of the AFL-CIO, dives into the influence of money on the judiciary and democracy. He discusses how billionaires like Elon Musk and Donald Trump have reshaped the Supreme Court and weakened labor rights. Podhorzer highlights recent court decisions' implications, the decline of unions, and the urgent need for collective action. He advocates for a reassessment of power structures to protect democracy in an era influenced by technology and money.

This discussion dives into crucial Supreme Court rulings, highlighting Justice Ketanji Brown Jackson's views on reverse discrimination. Justice Sonia Sotomayor's take on the Establishment Clause regarding Catholic charities reveals tensions in church-state relations. There’s also a notable ruling that enhances protections against workplace discrimination, emphasizing sexual orientation safeguards. Additionally, listeners learn about the implications of rising dismissed cases and the influence of former Supreme Court clerks on current judicial strategies.

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.