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

The Supreme Court’s Republican-appointed justices seem to be in a big rush to dismantle voting rights for non-white people. On Tuesday night, the right-wing supermajority handed down an unsigned shadow docket order that greenlights racial gerrymandering in Alabama and dramatically undermines voting rights protections nationwide. In this Opinionpalooza bonus episode exclusively for Slate Plus members, Dahlia Lithwick and Mark Joseph Stern examine the details of the case. They also explore how we got here, and what this court’s jurisprudential arrogance and voracious appetite for power means for democracy itself. By approving racially discriminatory maps, the high court’s MAGA wing has exposed its willingness to rewrite long established legal rules in darkness—without transparency or accountability. This order also reveals a disturbing disregard for extensive factual findings from lower courts—and flips the legal terrain for voting rights from protection to peril.
This is part of Opinionpalooza, Slate’s coverage of the major decisions from the Supreme Court. The best way to support our work is by joining Slate Plus. (If you are already a member, consider a donation or merch!)

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Dahlia Lithwick and Mark Joseph Stern, Slate’s dynamic legal duo, preview the final weeks of the Supreme Court term. It’s a “three-ring circus”: the merits docket, the shadow docket, and the justices’ increasingly public intramural snipings and gripes. Dahlia and Mark take a look back at the major decisions the court has issued so far this term on global tariffs, conversion therapy for LGBTQ minors, and of course Callais, which gutted the Voting Rights Act and is supercharging gerrymandering ahead of the midterms. Then, Dahlia and Mark look ahead to the blockbuster decisions expected in the coming weeks: birthright citizenship, immigration cases involving temporary protected status and green card holders, executive power fights over the firing of the Fed’s Lisa Cook and independent agency officials, and election cases that could dramatically change campaign finance laws and the counting of mail-in ballots.

Next, they explain the court’s flurry of opaque shadow docket orders—and what it means for immigration enforcement, to impoundment, trans rights, access to abortion medication, and redistricting.

Finally, Dahlia and Mark parse the leaks and personal attacks that have spilled out into public from the usually tight-lipped confines of One First Street, and why this Supreme Court is fueling a newfound appetite for court reform among Americans.

This is part of Opinionpalooza, Slate’s coverage of the major decisions from the Supreme Court. The best way to support our work is by joining Slate Plus. (If you are already a member, consider a donation or merch!)

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Donald Trump's $1.8 billion "anti-weaponization" settlement fund has stunned legal experts—not just because it's corrupt, but because of how skillfully and transparently it is designed to protect the Trump Family and reward loyalists. On this week's Amicus, Dahlia Lithwick brings together two of the sharpest observers of Trump-era lawlessness to map exactly what this is and why it matters.
J.P. Cooney, a career federal prosecutor and former top deputy in Jack Smith's special counsel's office, explains how President Trump sued his own IRS as a private party, settled the case through attorneys who have also been his personal lawyers, and then secured an addendum—signed by acting Attorney General Todd Blanche—immunizing Trump and his family from any IRS audit or tax-enforcement proceeding. Cooney calls it "practiced, skillful corruption".
As Investigative journalist Andrea Bernstein, host of The Law According to Trump, author of American Oligarchs, and a veteran of five Trump trials, points out, this settlement enshrines Trumpian language— such as "unlawful raid at Mar-a-Lago" and "Russia collusion hoax"—in official U.S. government documents. Bernstein says it’s vital to be clear about who stands to receive payouts: people convicted of seditious conspiracy, assaulting Capitol police officers, and other crimes they admitted to in open court.
Cooney and Bernstein agree this fund doesn't just reward insurrection—it incentivizes future violence, chills legitimate dissent, and systematically erases the historical record of Jan. 6.
Later, Slate executive editor Susan Matthews joins to preview the new season of Slow Burn, Becoming Justice Gorsuch—and explain why the most anonymous justice on the court is so pivotal to understanding the power and the politics of the highest court in the land.

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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.
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This week on Amicus, hosts Dahlia Lithwick and Mark Joseph Stern break down a whirlwind stretch of reproductive rights legal battles, from the Fifth Circuit's sweeping nationwide ban on telehealth medication abortion, to the Supreme Court's emergency order blocking it. Madiba Dennie (Deputy Editor, Balls and Strikes; and author of The Originalism Trap) joins to explain what the furious dissents from Justices Clarence Thomas and Samuel Alito reveal about where this is all headed.
Then, Dahlia sits down with writer, activist, and former NARAL president Ilyse Hogue for a wide-ranging conversation about why the assault on medication abortion and the assault on voting rights are the same fight — and why progressives keep losing the narrative battle even when public opinion and shared values are on their side. They also discuss an overlooked but hugely significant win for free speech in the Media Matters v. FTC case, and why fighting back against government bullying matters more than ever.

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.
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Over the last few years, there’s been an undeniable uptick in threats against American judges and their families: they’ve been doxxed, swatted, even killed. Many jurists are not all that comfortable having conversations around these threats. This reluctance to respond publicly is understandable, but it’s also depriving us of a critical perspective from the very people this affects. This week on Amicus, that changes: Two judges sat down with us to talk openly about what often goes unsaid. Host Dahlia Lithwick speaks with sitting U.S. District Judge for the Western District of Washington Judge Robert S. Lasnik, and Judge Jeremy Fogel, a former U.S. District Judge for the Northern District of California and current Executive Director of the Berkeley Judicial Institute. They acknowledge that there’s a long history of judges being threatened, but point out that it’s usually not coming from the President and his Department of Justice. We’re in uncharted territory, and Judges Lasnik and Fogel are bravely opening up about what this volatility means for an independent judiciary, and what we should do about it.

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.

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