Amicus With Dahlia Lithwick | Law, justice, and the courts
Slate Podcasts
A show about the law and the nine Supreme Court justices who interpret it for the rest of America.
Want more Amicus? Join Slate Plus to unlock weekly bonus epi...
On this week’s Amicus, autocratic creep in high and low gear. In high gear: The Supreme Court finally issued its order in Kilmar Abrego Garcia’s case, requiring that the government “facilitates” Abrego Garcia’s return from the El Salvadoran prison to which he was illegally and accidentally reditioned, but also recognizing the limits on its authority to direct the executive branch. Dahlia Lithwick talks to Slate senior writer Mark Joseph Stern about the ways in which the High Court’s attempts to avoid a showdown with the Trump administration may be futile.
Next, Dahlia turns to the autocratic creep in low gear that is President Trump’s buyout of Big Law. Jesse Weber, managing partner at Brown Goldstein and Levy, shares her view from a firm that has no intention of capitulating government bullying.
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
--------
1:02:09
Sneak Preview: The Supreme Court Just Gave The Trump Administration Everything It Wanted—Almost
Here’s a question for you. If you are scooped up by ICE (masked, covering badge numbers), then moved from one detention center to another in quick succession, before being hastily forced onto a flight to El Salvador where you are imprisoned in a “terrorism confinement center” beyond the jurisdiction of the United States –– at what point in that process could you access some kind of adjudicatory review? In this bonus episode of Amicus for Slate Plus members, Dahlia Lithwick tackles the Supreme Court’s shadow docket decisions in two overlapping but distinct cases stemming from the Trump administration’s renditioning of detainees to an El Salvadorean mega-prison which also happens to be a legal black hole.
Joined by Slate senior writer Mark Joseph Stern, they explore the legal and procedural concerns, the consequences for due process, and why five justices saw fit to reward the Trump administration for some very out-of-bounds behavior in the lower courts.
Learn more about your ad choices. Visit megaphone.fm/adchoices
--------
6:52
He Was Deported by Administrative Error. We Talked to His Lawyer.
The US government’s use of a prison in El Salvador as an extra-judicial due-process free black site has been rendered starkly visible by the story of one man they tried to disappear. On this week’s Amicus, Dahlia Lithwick interviews Simon Sandoval-Moshenberg, lawyer for Kilmar Armando Abrego Garcia, a Maryland resident, husband and father, who was illegally deported to El Salvador in March due to what the government admits was an administrative error. Abrego Garcia was abruptly detained by ICE, torn from his family, and sent to a brutal Salvadoran prison despite having legal protections against deportation. The Justice Department now says Abrego Garcia must remain in the notorious CECOT prison in El Salvador. On Friday a district court judge in Maryland ordered his return.
Next, we turn to the Trump administration's disastrous tariffs. Slate's Mark Joseph Stern joins Dahlia to explore the legality of Trump’s latest, inexplicable round of tariffs against the rest of the world, and debate whether the Supreme Court will apply its so-called “major questions doctrine” when a Republican is in the White House.
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
--------
54:45
Trump’s Plan To Put A Chokehold On Voting
The Trumpian inversion of reality was threaded into so many areas of the law and active litigation this week.
Slate senior writer Mark Joseph Stern joins Dahlia Lithwick to discuss the apparent evaporation of judicial patience for Trump lawyers simultaneously claiming that a signal chat was not classified or subject to record preservation rules, AND the flights to El Salvador that were filmed for posterity on arrival at a prison were in fact state secrets. Together, they also think through the likelihood of the Supreme Court stepping into the Alien Enemies Act case at this early stage by just taking the Trump administration at its word that those summary renditions were totally legal and constitutionally correct.
Next, Dahlia Lithwick talks to Wendy Weiser, vice president for democracy at the Brennan Center for Justice at NYU Law School, about another Trumpian inversion of reality: his executive order titled “Preserving and Protecting the Integrity of American Elections”, which in fact is not about election integrity, but instead an extension of the Big Lie election theory that could disenfranchise millions of eligible voters.
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
--------
1:15:45
The Rule of Law Took A Very Dark Turn This Week
If you’re overwhelmed by the sheer volume of lawless acts, constitutional crises (we count five), and huge Trump administration losses in court this week - honestly, same. But if anyone can render this swirling storm of lawsuits and orders and injunctions legible, and put them in terms that can help make sense of this moment, it’s Dahlia Lithwick. On this week’s show, Dahlia is first joined by Quinta Jurecic, a fellow in Governance Studies at the Brookings Institution and a senior editor at Lawfare, to discuss the deeply worrying shift in the Trump regime’s posture toward judges and the rule of law, that’s been playing out inside and outside the courts this week. Next, Dahlia speaks with a lawyer who secured a big win against Elon Musk and DOGE this week in one of the USAID cases. Mimi Marziani explains the litigation strategy, and its limits.
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
Acerca de Amicus With Dahlia Lithwick | Law, justice, and the courts
A show about the law and the nine Supreme Court justices who interpret it for the rest of America.
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.
Colombia