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More infighting at the Supreme Court! But also some apologies? In the Amicus Plus bonus episode this week, Dahlia Lithwick and Mark Joseph Stern break down the public battles between three of the nine justices. Last week was all about Sonia Sotomayor’s takedown of the “Kavanaugh Stop,” but this week she apologized for getting personal. Dahlia and Mark ask if that was a strategic move, and wonder if her apology could be a bad omen for cases still to come. Meanwhile, Justice Ketanji Brown Jackson joined the fray, with a robust rejection of Kavanaugh’s shadow docket apologia in a talk at Yale Law School. Then, in a televised speech in Texas, Justice Clarence Thomas took aim at progressivism, blaming it for Nazism, Stalinism, and basically everything bad that happened in the twentieth century. 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.

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. Hosted on Acast. See acast.com/privacy for more information.

Dahlia Lithwick and Mark Joseph Stern are back in the smokeless cigar bar to chat about a bunch of legal news that couldn’t fit in the main show. On today’s Amicus plus bonus episode, the “Kavanaugh Stop” is back in the news. There’s a new class action lawsuit filed in New York, challenging these unlawful detentions, but that’s not all. In some new intra-SCOTUS drama, Dahlia and Mark break down the surprising moment in which one of Brett Kavanaugh’s fellow justices took a very big, very public swing at him. Plus, trying to wrap our minds around the humiliatingly desperate declaration of “love” — that’s right, “love” — from Donald Trump’s new Acting Attorney General. 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.

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. Hosted on Acast. See acast.com/privacy for more information.

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. Hosted on Acast. See acast.com/privacy for more information.

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. Hosted on Acast. See acast.com/privacy for more information.

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.

The Supreme Court heard arguments in Watson v. RNC this week, a dispute over state laws counting ballots mailed before but received after Election Day Dahlia Lithwick and Mark Joseph Stern are here to read some murky tea leaves about how this pivotal election case may be decided. Will Chief Justice Roberts and Justice Barrett resist a ruling invalidating dozens of state laws and affecting hundreds of thousands of votes? They also examine major jury verdicts against Google and Meta for the ways their technology enables addiction and child exploitation this week, thanks to a legal theory that may have at least two votes in the bag at One, First Street. Finally, they cover the DOJ’s admission to a New York judge that it made material misstatements about an ICE immigration-courthouse arrest policy that apparently never existed, potentially reversing the case and prompting preservation orders and possible contempt consequences. 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.

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. Hosted on Acast. See acast.com/privacy for more information.

This week in New Jersey, we witnessed real judicial courage from a federal judge who had very clearly had enough of the DOJ’s shenanigans. Co-hosts Dahlia Lithwick and Mark Joseph Stern take us inside U.S. District Court Judge Zahid Quraishi’s courtroom where chewed out the New Jersey U.S. Attorney’s Office for continuing to operate unlawfully in the wake of Alina Habba’s removal. He even ejected a prosecutor from the courtroom! The real consequences of this next chapter in the post-Habba saga seems to be that these endless battles over leadership may be trickling down in a way that lets extremely bad people get off with very light sentences. 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.

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 ballots This week’s Executive Dysfunction newsletter from Slate’s jurisprudence team is a must-read: slate.com/dysfunction 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. Hosted on Acast. See acast.com/privacy for more information.

In this Amicus bonus episode, co-hosts Dahlia Lithwick and Mark Joseph Stern walk us through another week in which it seems folks from the Trump administration can’t stop themselves from stepping on rakes over and over again. But, is “Eagle Ed” Martin the only one who might actually have to give up his legal career? Plus: more on the Justice Department’s favorite (and seemingly only) client. And: a judicial opinion so vulgar, we can’t even write the opening sentence in this description. 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.

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. Hosted on Acast. See acast.com/privacy for more information.

Prepare to be ushered into the Frankenstein underground lab of horrors that is the United States Justice Department. Welcome! In this week’s Amicus bonus episode, co-hosts Dahlia Lithwick and Mark Joseph Stern discuss Justice Elena Kagan’s dissent in Mirabelli v. Bonta, and how she might be suggesting that her colleagues manipulated the shadow docket to issue an explosive anti-trans ruling. Also: Attorney General Pam Bondi wants to stop state bar associations from investigating DOJ lawyers. Is that even legal? All that and more in this week’s smokeless cigar bar. Executive Dysfunction is our brand new newsletter, surfacing under-the-radar stories about what Trump is doing to the law –– and how the law is pushing back. Go to slate.com/dysfunction to sign up. 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.

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. Hosted on Acast. See acast.com/privacy for more information.