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

Επεισόδια

• Preview: A Shattering Blow to Fair Elections 03.06.2026 13λ

  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!)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.Need to set up your Slate Plus feed? If you subscribed through Slate.com, check out our FAQ at slate.com/podcastfaqs for easy instructions. Members subscribed via Apple Podcasts get automatic access—no setup required. Hosted on Acast. See acast.com/privacy for more information.
• The Myth of John Roberts vs. Donald Trump 30.05.2026 1ώ 4λ

  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!)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.Need to set up your Slate Plus feed? If you subscribed through Slate.com, check out our FAQ at slate.com/podcastfaqs for easy instructions. Members subscribed via Apple Podcasts get automatic access—no setup required. Hosted on Acast. See acast.com/privacy for more information.
• Trump’s Slush Fund Is Even Worse Than You Thought 23.05.2026 1ώ 11λ

  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. Un-paywalled episodes' description: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.Need to set up your Slate Plus feed? If you subscribed through Slate.com, check out our FAQ at slate.com/podcastfaqs for easy instructions. Members subscribed via Apple Podcasts get automatic access—no setup required. Hosted on Acast. See acast.com/privacy for more information.
• Return of the Abortion Pill Wars 16.05.2026 1ώ 7λ

  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.Need to set up your Slate Plus feed? If you subscribed through Slate.com, check out our FAQ at slate.com/podcastfaqs for easy instructions. Members subscribed via Apple Podcasts get automatic access—no setup required. Hosted on Acast. See acast.com/privacy for more information.
• The “Civility” Problem for Judges 09.05.2026 1ώ 2λ

  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.Need to set up your Slate Plus feed? If you subscribed through Slate.com, check out our FAQ at slate.com/podcastfaqs for easy instructions. Members subscribed via Apple Podcasts get automatic access—no setup required. Hosted on Acast. See acast.com/privacy for more information.
• Racism’s Over and Seashells Can Be Deadly 02.05.2026 1ώ 3λ

  Dahlia Lithwick reviews what has been an “exceptionally bad week” for American democracy. Former U.S. Attorney Barbara McQuade explains why the charges against former FBI director James Comey, rooted in the claim that he threatened to kill President Trump – via the medium of seashells on Instagram – are unlikely to stick, no matter how hard Trump’s Acting (and actively auditioning) Attorney General Todd Blanche tries. A deleted insta post from a beach in North Carolina is just not going to meet the Supreme Court’s true-threat standard as laid out in Counterman v Colorado.  But actually, landing a conviction is not the point, McQuade says –– Blanche has learned from Trump’s longstanding legal playbook that he can always win by losing. And that’s why she is also closely watching the DOJ’s indictment of the Southern Poverty Law Center under a dubious fraud theory, warning that Blanche is both more skilled and more ruthless in using prosecutions for political ends, with few accountability mechanisms beyond potential disbarment. McQuade’s new book, The Fix: Saving America from the Corruption of a Mob-Style Government is available for pre-order now. Next, Dahlia discusses this week’s devastating SCOTUS decision in Louisiana v Callais with Madiba Dennie who explains how Justice Alito and the 6-3 Republican supermajority set about hollowing out Section 2 of the Voting Rights Act, inviting states to redraw maps and entrench racial disenfranchisement, all under the cover of historically distorted “originalism.”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.Need to set up your Slate Plus feed? If you subscribed through Slate.com, check out our FAQ at slate.com/podcastfaqs for easy instructions. Members subscribed via Apple Podcasts get automatic access—no setup required. Hosted on Acast. See acast.com/privacy for more information.
• Preview: The Worst Voting Rights Decision Since Jim Crow 29.04.2026 8λ

  On Wednesday, Justice Samuel Alito delivered the latest, probably lethal  blow in the Supreme Court’s decades-long campaign against multi-racial democracy in America, with a  6-3 majority opinion gutting what remained of the Voting Rights Act in Louisiana v Callais. In this special extra episode of Amicus, Dahlia Lithwick talks with Janai Nelson, President and Director-Counsel of the Legal Defense Fund (LDF), the nation’s premier civil rights law organization. Nelson argued Louisiana v. Callais before the United States Supreme Court in October of 2025. Together, they examine the history ignored by the right wing majority, and look ahead to the disastrous consequences this ruling unleashes on American democracy, from school boards all the way to the halls of congress.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.Need to set up your Slate Plus feed? If you subscribed through Slate.com, check out our FAQ at slate.com/podcastfaqs for easy instructions. Members subscribed via Apple Podcasts get automatic access—no setup required. Hosted on Acast. See acast.com/privacy for more information.
• MAGA Media Law 101 25.04.2026 1ώ 3λ

  As journalists, a-listers, and some of the most vociferous critics of journalism from  the Trump administration gather for the White House Correspondents’ Dinner, Dahlia Lithwick tackles the president and his allies’ tactics to chill the press and undermine the First Amendment. In conversation with Guardian columnist and former New York Times public editor, Margaret Sullivan she explores the Trump administration’s use of meritless, high-dollar defamation suits, focusing on FBI Director Kash Patel’s $250 million lawsuit lodged against The Atlantic this week. Sullivan links democratic decline to media decline, citing oligarch ownership, consolidation, weakened local news, reduced public media, and corporate leaders’ capitulation via settlements and editorial interference.Margaret’s newsletter, American Crisis can be found here: margaretsullivan.substack.com/Next, Dahlia and co-host Mark Joseph Stern examine New York Times’ reporting on leaked Supreme Court memos showing the 2016 Clean Power Plan stay as a pivotal shadow docket moment that perfectly illustrates how activity on the shadow docket is driven by institutional grievance rather than legal urgency. They also dissect Trump’s renewed attacks on the justices despite their frequent support for his agenda.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.Need to set up your Slate Plus feed? If you subscribed through Slate.com, check out our FAQ at slate.com/podcastfaqs for easy instructions. Members subscribed via Apple Podcasts get automatic access—no setup required. Hosted on Acast. See acast.com/privacy for more information.
• Trump Thwarted, Orban Toppled: The New Roadmap for Democrats 18.04.2026 54λ

  Hungary’s autocratic creep was turned back at the ballot box last weekend, in a stark rebuke to the forces of illiberalism and to the American conservatives who invested so heavily in former Hungarian leader Viktor Orban’s mission. It’s good news. But it’s not the end of the story. It behoves pro-democracy forces in the United States to move past the example of democratic resilience in Hungary to real, systemic change to the machinery of American democracy. On this week’s Amicus podcast, Norm Eisen, former ambassador and current democracy warrior (as founder of www.democracydefendersfund.org), tells Dahlia Lithwick that America’s response to Trumpism starts with protecting the rule of law, safeguarding elections, and strangling corruption—the three pillars of a genuine democratic recovery. The key isn’t just fixing courts or passing reforms—it's about building a democratic coalition based on simple, clear issues. As Democrats dare to dream of what may be possible in a post-Trump America, it’s time to start making concrete, workable  plans. This week’s show highlights the roadmap out of autocracy, through coalitions, court reform, and corruption-busting.   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.Need to set up your Slate Plus feed? If you subscribed through Slate.com, check out our FAQ at slate.com/podcastfaqs for easy instructions. Members subscribed via Apple Podcasts get automatic access—no setup required. Hosted on Acast. See acast.com/privacy for more information.
• Time to Impeach Trump Again? 11.04.2026 1ώ 6λ

  The events of the past week have revealed a terrifying disconnect between the constitutional remedies available to us and the gravity of the threats posed by an utterly unfit President with his finger on the nuclear button. On this week’s Amicus, Dahlia Lithwick turns to two experts on impeachment and the 25th Amendment: Rep. Jamie Raskin, and Professor Michael Gerhardt. Each has been at the very epicenter of democratic attempts to access the constitutional tools demanded by this moment. Rep. Raskin explains the urgent update needed to bolster the 25th amendment, and Professor Gerhardt explains the value of impeachment, even in lieu of conviction and removal, and why right now is high time to try Trump for high crimes. 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.Need to set up your Slate Plus feed? If you subscribed through Slate.com, check out our FAQ at slate.com/podcastfaqs for easy instructions. Members subscribed via Apple Podcasts get automatic access—no setup required. Hosted on Acast. See acast.com/privacy for more information.
• Was it Worth it, Pam? 04.04.2026 53λ

  It was a rough week for two of the top lawyers in the Trump administration, and it couldn’t happen to a nicer pair ... Ever since Donald Trump’s return to office and the installation of his (second choice) Attorney General, we’ve been tracking the toxic combination of incompetence and cruelty at the Department of Justice. Pam Bondi, Trump’s hand-picked attack dog for Attorney General, finally reached the point of no return. She’s out, and Todd Blanche is in … for now. Dahlia Lithwick and Mark Joseph Stern discuss AG Bondi’s legacy, and why she may still be dragged before congress to answer for the DOJ’s mishandling of the Epstein Files. Meanwhile, over at One, First Street, Mr. Trump became the first sitting president to show up live and in person to oral arguments, in a woefully misguided possible attempt to intimidate “his” justices into buying his nonsensical theory about birthright citizenship. John Sauer, his Solicitor General, flopped and flailed, and revealed a fundamental flaw at the heart of the second Trump presidency: if loyalty is the only test, you might fail a bunch of other, more significant, tests. Finally, Dahlia and Mark unpack the thorny and confusing 8-1 decision from the High Court in Chiles v. Salazar, taking a huge bite out of conversion therapy bans, and what that means for LGBTQ youth and the First Amendment. 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.Need to set up your Slate Plus feed? If you subscribed through Slate.com, check out our FAQ at slate.com/podcastfaqs for easy instructions. Members subscribed via Apple Podcasts get automatic access—no setup required. Hosted on Acast. See acast.com/privacy for more information.
• Preview: A Blowout for Birthright Citizenship at SCOTUS 01.04.2026 5λ

  This bonus episode of Amicus, with full access exclusive for Slate Plus members, is a comprehensive exploration of Wednesday’s arguments in the Trump v. Barbara case on birthright citizenship. This landmark case challenges the executive order aimed at denying citizenship to children born in the U.S. to undocumented immigrants and temporary visa holders, potentially affecting millions of individuals born in the U.S. Mark Joseph Stern talks to legal scholar Evan Bernick –– who co-authored a key amicus brief in this case –– about the Supreme Court’s reaction to Trump’s order to gut the 14th amendment of the constitution and remake the legal landscape surrounding citizenship. The stakes are high, and the implications reach far beyond the courtroom.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.Need to set up your Slate Plus feed? If you subscribed through Slate.com, check out our FAQ at slate.com/podcastfaqs for easy instructions. Members subscribed via Apple Podcasts get automatic access—no setup required. Hosted on Acast. See acast.com/privacy for more information.
• Trump Has a Plan for the Midterms, SCOTUS May Help 28.03.2026 53λ

  On this week’s Amicus, Dahlia Lithwick checks in with Protect Democracy co-founder Ian Bassin about the United States’ speedy retreat from democracy, and how lawyers seeking to protect the constitution are adapting their strategies for Trump 2.0. While Trump’s second term is following an authoritarian playbook, some courts are acting as speed bumps, while others (we’re looking at you, SCOTUS), are increasingly pickled in right-wing brine. The velocity of America’s descent into illiberalism is startling and dangerous, but Bassin argues it is also potentially self-defeating, thanks to Trump’s historic unpopularity that is growing faster than his ability to consolidate power. The two discuss Protect Democracy’s shift from a litigation-heavy strategy to combining court fights with coalition-building, and Ian outlines threats to the 2026 elections—“deceive, disrupt, deny”—including efforts like the SAVE Act and why the President’s decision to deploy ICE to stand around in airports around the country is a clear effort to normalize their presence at polling places in November. But he also stresses that overwhelming participation and public organizing are the ultimate backstops if election results are contested.Suggested reading: protectdemocracy.org/executive-override/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.Need to set up your Slate Plus feed? If you subscribed through Slate.com, check out our FAQ at slate.com/podcastfaqs for easy instructions. Members subscribed via Apple Podcasts get automatic access—no setup required. Hosted on Acast. See acast.com/privacy for more information.
• The Roberts Court’s Internal Reckoning 21.03.2026 53λ

  This Supreme Court term has seen threats against the Justices – from the President, a slew of game-changing shadow docket opinions, justices sparring in public, and some of the most consequential cases of our lifetimes. If you’re feeling a little disoriented by it all, join Dahlia Lithwick and Mark Joseph Stern on this week’s show for a clearer understanding of what’s going on at One, First Street. They discuss the big immigration case the court took up just this week that will  be crammed into the last week of arguments, Justice Ketanji Brown Jackson’s courage at a public event, and what it means when a justice steps out of the four corners of her opinions to voice urgent concerns about the shadow docket in public, and why, when it comes to threats to judges, the Chief Justice is meekly asking Trump knock it off, while taking no responsibility for his court’s role in it all. Supplemental reading: The Constitutional Accountability Center on the history of mail-in ballotsThis week’s Executive Dysfunction newsletter from Slate’s jurisprudence team is a must-read: slate.com/dysfunctionWant 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.Need to set up your Slate Plus feed? If you subscribed through Slate.com, check out our FAQ at slate.com/podcastfaqs for easy instructions. Members subscribed via Apple Podcasts get automatic access—no setup required. Hosted on Acast. See acast.com/privacy for more information.
• Immigration Myths and Birthright Citizenship 14.03.2026 51λ

  Next month, the Supreme Court will hear arguments in the birthright citizenship case, Trump v. Barbara. It’s still somewhat unbelievable that the high court will entertain arguments in favor of gutting an utterly clear constitutional commitment. Nonetheless, our motto on Amicus is “legal knowledge is power,” and in this case, historical understanding of legal knowledge … is power. On this week’s show, Dahlia Lithwick interviews constitutional and immigration scholar Anna O. Law about her forthcoming book, Migration and the Origins of American Citizenship. In preparation for a lot of very bad originalist takes, Lithwick and Law discuss how immigration actually worked in the colonial and pre-Civil War eras and why the framers of the Reconstruction Amendments (including the birthright citizenship clause of the 14th Amendment) meant exactly what they said and said exactly what they meant. Law also explains how and why Wong Kim Ark affirmed birthright citizenship for children of Chinese immigrants, and emphasizes that the words “subject to the jurisdiction” had narrow historical exceptions. Finally, a reminder that the framers of the 14th Amendment chose to constitutionalize citizenship rather than establish it in statute—in anticipation of exactly the situation America finds itself in today. 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.Need to set up your Slate Plus feed? If you subscribed through Slate.com, check out our FAQ at slate.com/podcastfaqs for easy instructions. Members subscribed via Apple Podcasts get automatic access—no setup required. Hosted on Acast. See acast.com/privacy for more information.
• Church and State are Being Reunited, Thanks to SCOTUS 07.03.2026 49λ

  On this week’s Amicus, Dahlia Lithwick explores the rise of Christian nationalism in America, its influence on the Supreme Court , and the implications for democracy and civil rights. Featuring Rachel Laser, CEO of Americans United for Separation of Church and State, their discussion delves into the historical roots, recent legal cases, and the ongoing fight to uphold the separation of church and state in a country that survived two centuries as an open, pluralist refuge for all religions, and then became a Christian nation, seemingly overnight.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.Need to set up your Slate Plus feed? If you subscribed through Slate.com, check out our FAQ at slate.com/podcastfaqs for easy instructions. Members subscribed via Apple Podcasts get automatic access—no setup required. Hosted on Acast. See acast.com/privacy for more information.
• Preview: This War is Obscenely Illegal 02.03.2026 7λ

  Trump’s actions in Iran have massive global impacts, but they also have serious legal implications. On this extra episode of Amicus, exclusive to our Plus members, Mark Joseph Stern is joined by military law expert Eugene Fidell, a visiting lecturer and senior research scholar at Yale Law School. Their conversation focuses on constitutional constraints, the role of Congress, and the principles of international law, and emphasizes the need for Congress to reclaim its war powers. While it seems like real consequences are unlikely for those responsible for flouting these laws, there are serious implications for American democracy. Fidell explains why he’s calling for impeachment as a response to these unconstitutional actions––even if such a move is very unlikely to succeed. 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.Need to set up your Slate Plus feed? If you subscribed through Slate.com, check out our FAQ at slate.com/podcastfaqs for easy instructions. Members subscribed via Apple Podcasts get automatic access—no setup required. Hosted on Acast. See acast.com/privacy for more information.
• Yes, Supreme Court Decisions Really Matter 28.02.2026 58λ

  “Not on the level” is how Donald Verrilli Jr. describes the Trump administration’s general, current Supreme Court practices. The former United States Solicitor General joins Dahlia Lithwick to discuss the ways this radical new posture is forcing judges to confront arguments and asserted powers previously seen as far beyond presidential authority, while still trying not to shift excessive power to courts by routinely declaring everything a pretext. They discuss whether Chief Justice John Roberts is at last signalling skepticism about Trump’s chaotic policymaking, whether the DOJ’s fluid relationship with facts is taking a toll on its credibility, and they debate the costs of delayed, splintered opinions in the major confrontation over executive power evident in the tariffs case. Don Verrilli also reflects on his deep and broad experience over decades of Supreme Court litigation, beginning with a clerkship for Justice Brennan in the 1980s, through his service in government under President Obama, to recent wins arguing before SCOTUS, to provide a truly clarifying perspective on the scale of the challenges facing the rule of law, and the “hard-nosed faith” required to overcome them. And… introducing… Executive Dysfunction. A brand new newsletter from Slate’s jurisprudence team that surfaces under-the-radar stories about what Trump is doing to the law –– and how the law is pushing back. There’s always some story buried in court filings, hidden in regulatory fine print, happening in some courthouse you may not have heard of that actually matters. Every week, Executive Dysfunction will feature one story that cuts through it all, plus updates from the Slate Jurisprudence team. Go to slate.com/dysfunction to sign up.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.Need to set up your Slate Plus feed? If you subscribed through Slate.com, check out our FAQ at slate.com/podcastfaqs for easy instructions. Members subscribed via Apple Podcasts get automatic access—no setup required. Hosted on Acast. See acast.com/privacy for more information.
• Trump’s Tariffs Overturned 21.02.2026 1ώ 15λ

  The Supreme Court struck down Donald Trump’s sweeping tariffs on Friday, ruling 6–3 that they vastly exceed anything federal law allows a President to do. It was a massive loss for a signature component of Trump’s economic agenda, and a coalition of liberals and conservatives on the court agreed that the statute invoked to impose these tariffs was never intended to be wielded in this fashion. The 6 disagreed emphatically as to the reasoning. The dissenters were Big Mad. On this week’s Amicus, Dahlia Lithwick and Mark Joseph Stern unpack the rationale behind the decision, and the implications for those seeking a remedy. And they ask what to make of this massive loss from a court that has yet to truly tell this President “no.”  Then, the press clause of the First Amendment, a once-cherished constitutional right, has fallen victim to neglect and sabotage in recent years, taking a back seat to the more vaunted love affair with individual “free speech.” But, as recent developments—including the arrest of journalist Don Lemon and the heavy-handed interview-spiking “guidance” of late night host Stephen Colbert—illustrate, the freedom of the press is no slam-dunk when it comes to saving democracy in Trump’s America. Dahlia speaks with First Amendment scholars Sonja West (University of Georgia) and RonNell Andersen Jones (University of Utah) about the health of the press clause and the themes in their book, The Future of Press Freedom: Democracy, Law, and the News in Changing Times. They trace the ways in which the framers viewed press freedom as a core, structural “bulwark of liberty,” and why the Supreme Court has increasingly treated it as a neglected companion to free speech rights; leaving weakened and fragile protections for news gathering. The conversation contrasts Trump’s first-term rhetorical delegitimization of the media with a second-term shift toward tangible actions: access restrictions, funding cuts, agency leverage, and selective regulatory pressure.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.Need to set up your Slate Plus feed? If you subscribed through Slate.com, check out our FAQ at slate.com/podcastfaqs for easy instructions. Members subscribed via Apple Podcasts get automatic access—no setup required. Hosted on Acast. See acast.com/privacy for more information.
• The Concentration Camp Next Door 14.02.2026 1ώ 19λ

  The machinery to enable Stephen Miller’s darkest deportation dreams is both tangible and legal. In this week’s show, Dahlia Lithwick explores the statutory and regulatory foundations of the Trump administration’s expanding network of detention camps, plus the historical background of the vast warehouse system they are using to imprison tens of thousands of migrants. First, she speaks with Linus Chan, who represents Minnesotans detained by ICE, he teaches law at the University of Minnesota School of Law. Chan describes how the most basic right of habeas corpus has been whittled away by the courts to a filament when it comes to immigration law, allowing the federal government to weaponize brutal detention against ordinary Americans. Next, Dahlia is in conversation with Andrea Pitzer, about her chilling and urgent new piece, Building the camps: The warehouseification of detention and initial thoughts on stopping it. It is essential reading (and listening!) in light of the billion dollar detention camp system being built in warehouses near you in cities around the nation. If you want to check if your town is on the list, Andrea recommends checking out Project Salt Box.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.Need to set up your Slate Plus feed? If you subscribed through Slate.com, check out our FAQ at slate.com/podcastfaqs for easy instructions. Members subscribed via Apple Podcasts get automatic access—no setup required. Hosted on Acast. See acast.com/privacy for more information.