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

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.

Mark Joseph Stern, a legal expert and senior writer at Slate, sheds light on the erosion of judicial patience with Trump’s legal claims. He discusses the complexities surrounding the Alien Enemies Act and the potential for Supreme Court intervention. Meanwhile, Wendy Weiser, a voting rights specialist at the Brennan Center, critiques Trump's executive order on election integrity, which could disenfranchise millions. Together, they explore the risks of new voting regulations and the urgent need to protect democratic processes.

Quinta Jurecic, a governance expert from the Brookings Institution, joins to discuss the troubling shift in how the Trump administration interacts with the judiciary, raising concerns about the rule of law. Meanwhile, lawyer Mimi Marziani shares insights from her recent victory against Elon Musk and DOGE in a high-stakes lawsuit involving USAID workers. The conversation dives into the ethical implications of recent court rulings and highlights the urgent need for civic engagement to defend judicial independence amidst rising executive overreach.

In this urgent extra episode of Amicus,  host Dahlia Lithwick and Slate's senior writer Mark Joseph Stern discuss the unfolding constitutional crisis triggered by the Trump administration's defiance of a court order to halt flights carrying Venezuelan migrants to be delivered to El Salvador’s so-called Terrorism Confinement Center - a vast foreign prison  that could  be described as a labor camp.  Lithwick and Stern explore the timeline of events that unfolded in Federal Court Judge James Boasberg’s court this week, and on planes bound for El Salvador. Next, they try to parse the legal arguments put forth by the Justice Department, claiming apparently boundless power for President Trump to render anyone he deems a gang member. Finally, they discuss why the Trump administration has chosen this particular constitutional hill to die on, and how far Chief Justice John Roberts might be prepared to go along with it. This episode is member-exclusive. Listen to it now by subscribing to Slate Plus. By joining, not only will you unlock weekly bonus episodes of Amicus—you’ll also 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

Preet Bharara, former U.S. Attorney for the Southern District of New York and an expert on legal ethics, joins the discussion on legal accountability amid political chaos. He delves into the troubling actions of the Trump administration and the vital role of lawyers in upholding the rule of law. Bharara discusses the implications of recent court cases and threats to legal representation, emphasizing the need for integrity in the legal profession. The conversation highlights how political pressures shape judicial decisions and the importance of public engagement in democracy.

In this engaging conversation, Kate Shaw, a law professor at the University of Pennsylvania and co-host of the Strict Scrutiny podcast, dives into the constitutional chaos surrounding Elon Musk's DOGE initiative. She discusses the murky legality of Musk's actions, government efficiency, and the complexities of executive appointments. Shaw also unpacks the legal labyrinth affecting the Justice Department's approach to Dogecoin, highlighting the critical role of constitutional principles in maintaining accountability during tumultuous times.

On Wednesday morning the Supreme Court dealt a blow to the Trump administration's effort to withhold $2 billion promised for foreign aid work. Dahlia Lithwick and Mark Joseph Stern discuss the Court’s decision to reject the Trump administration's request to halt a lower court's order, by a five to four vote, compelling the State Department to resume payments. While Chief Justice John Roberts and Amy Coney Barrett sided with the court's liberal justices, Justice Samuel Alito offered a “stunned” dissent, reacting to the Court’s surprising rebuke to the Trump administration with few facts but plenty of fury. This episode is member-exclusive. Listen to it now by subscribing to Slate Plus. By joining, not only will you unlock weekly bonus episodes of Amicus—you’ll also 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