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Doom did not come on Tuesday. Instead, the backlash to Callais arrived, with undeniable results. Yet the blue wave failed to reach SCOTUS, where the justices heard (and some of them entertained) a case designed to discriminate against LGBTQ+ families. Madiba Dennie talks with Dahlia about the purpose of the St. Mary’s Parish case, and they share a moment of appreciation for Justice Ketanji Brown Jackson’s pointed questioning. (Trust us: If KBJ says, “I’m trying to understand…” she understands. And you need to take a step back.) Madiba and Dahlia also discuss the role of Black voters on Election Day and why no voters should have to become mountaineers to make their voices heard. For more analysis about SCOTUS, Callais, and the new Congress, read Madiba’s Slate article, “What Drove the Blue Tsunami? Black Voters Standing Up To SCOTUS”. 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.

In the wake of this week’s sweeping midterm rebuke of Donald Trump, Protect Democracy co-founder Ian Bassin joins Dahlia Lithwick to discuss how voters pushed back against authoritarianism—and how the country can turn that victory into lasting change. Bassin argues that congressional investigators must do more than expose corruption: They should preserve the evidence a future attorney general would need to recoup taxpayers’ money. As he explains, Trump’s pardons can’t shield ill-gotten gains. Later, the conversation turns to the Supreme Court’s response to election interference, the case for term limits for justices, and why repairing the Justice Department cannot mean turning a blind eye to abuses of power. Drawing on other countries’ struggles with authoritarianism, Dahlia and Ian consider whether this moment will usher in a revival of “small-d” democracy—and why the answer still depends on what the people do next. 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.

Madiba K. Dennie joins Dahlia to talk about three overlooked events in the legal world this week. If you need a break from election news but want to stay shocked, join us! First, Madiba explains the legal strategy and theory behind a SCOTUS case being heard this week that could require states to fund religious groups that openly discriminate against LGBTQ+ parents now … and different people later. It’s the latest in a long line of Colorado cases using religious liberty as a sword rather than a shield. Next, Madiba and Dahlia dissect the House Judiciary Committee’s very different approaches to serious matters. Democrats released a 50-page investigation this week into Trump’s ties to Jeffrey Epstein and how the White House and DOJ are working together to cover it up. What did the Republicans on the same committee get up to? They went after a judge who called out a bogus Trump lawsuit and penalized the lawyers who brought the case. (Surprise! Todd Blanche shows up in both instances.) If you want to hear more about the Trump-Epstein report, check out the latest episode of What Next with Mary Harris, who interviewed the committee’s ranking member, Jamie Raskin, about the report: https://slate.com/podcasts/what-next/2026/10/will-the-new-epstein-release-force-the-doj-to-investigate 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 Trump administration has sued to potentially block certification of a Senate race in Alaska, threatened California election officials with jail time, and challenged the voter rolls in 30 states. They've lost almost all of those cases. So with a few days to go before the midterms, should we still be worried? Dahlia is joined by Ari Berman, Mother Jones national voting rights correspondent and author of Minority Rule and Give Us the Ballot, to walk through the legal state of play heading into Election Day. They cover the Alaska Senate race lawsuit, the California ballot-segregation case, the threat of election-day ballot seizures and poll intimidation, and the Supreme Court's likely role if disputed elections land on its doorstep. They also discuss a source of hope: Black voters across the South are surging to the polls, driven by the Roberts Court’s attack on voting rights in its recent Callais decision, turning a ruling designed to suppress their votes into the most powerful mobilizing force of the cycle. Plus, Amicus Plus members get a bonus episode with Madiba Dennie on this week’s Epstein file revelations, new GOP threats to judges who rule against Trump, and a major religious liberty case headed to SCOTUS. 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.

Madiba Dennie joins Dahlia in Amicus’ smokeless cigar bar this week for a special session of the Originalism Hater Club Inc. They recap Elena Kagan’s biting remarks this week on the project that is originalism, and how it is at odds with the Constitution and the real world, in that order. They also discuss the past week’s glimmers of positive news, including a rejection of the Trump administration’s claim that its ability to harm transgender inmates is an emergency that requires no science, while another court finds that that, no, Donald Trump is not the boss of the NAACP, and he cannot claim to be in order to protect Elon Musk from a suit against his illegal power plants. And speaking of lies, do not give into the despair and distraction: go vote! 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.

Let’s say Democrats gain control of the House and Senate in a couple of weeks, with a majority of Americans demanding accountability, and an airtight list of high crimes and misdemeanors as long as your arm. Should Democrats impeach Trump on Day One? Frank Bowman is an expert in both the law and politics of the impeachment process who has analyzed the first two efforts to impeach and remove President Trump during his first term. But in the wake of an extensive study of our current moment, Professor Bowman tells Dahlia Lithwick that the president’s crimes are definitely impeachable—but acute polarization and tribalism may be insurmountable obstacles to Congress actually using the Framers’ last-ditch check against an autocratic president. Read Frank Bowman’s series for Slate Try, Try Again? https://slate.com/tag/try-try-again His forthcoming book, Great and Dangerous Offences: The Case for (and Against) Impeaching Trump a Third Time, is available for preorder now. 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. 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.

Stacey Abrams, Ilyse Hogue, and Daphna Renan join Dahlia Lithwick in conversation for a live By The People finale. This is part five of our series on popular constitutionalism, the idea that the Constitution belongs to the people—and not just to nine justices. Our listeners showed up with stories: a 62-year-old heading to law school, an 8th-grade teacher emailing her senators, an artist drawing the court, and a woman literally knitting the Constitution. They also came with questions for our guests: What about court expansion? What about term limits? Is it just too late? Abrams argues we're not cooked, but “things are just really hot.” Renan walks us through the tools Congress has used throughout U.S. history to rein in judicial supremacy. And, Hogue shares the story she’s hearing at town halls across the country: Americans of all stripes still believe in the Constitution's promise—they just don't know how to claim it. Later: Our panelists offer clear and concrete steps for reclaiming the constitution. Stacey Abrams’ 10 Steps Campaign can be found here: https://10stepscampaign.org/Read about Ilyse Hogue’s work on her Substack: https://theallamerican.substack.com/Check out Daphna Renan and Niko Bowie’s new book, Supremacy: How Rule by the Court Replaced Government by the PeopleWant 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.

As a special thank-you to our Pluskateers on the occasion of Slate’s 30th anniversary, we’re sharing a little joy and a lot of characterological analysis: Muppet Theory, the 2026 Edition. With gratitude for all the new members who have joined us this pledge drive and profound thanks to our treasured longtime supporters, Dahlia Lithwick moves over to the guest chair to make way for storied Slate alumna June Thomas, who guides us through the origins and enduring relevance of “Chaos Theory: A Unified Theory of Muppet Types.” This episode is member-exclusive. If you’ve been hovering over that “subscribe to Slate Plus” button, now is the time to join. For a limited time (until Oct. 16), you can join Slate Plus for 50 percent off and access this episode, and weekly bonus episodes of Amicus. You’ll also enjoy ad-free listening across all your favorite Slate podcasts and unlimited reading on Slate.com. Visit slate.com/amicusplus and use the promo code AMICUS50 to receive the discount AND get access wherever you listen. Support what we do, enjoy member perks, and join the growing community of Plus members who have signed up during Slate’s 30th anniversary pledge drive!

On Monday, the Justice Department raided a sitting congresswoman's D.C. home to build a denaturalization case. Andrew Weissmann joins Dahlia Lithwick to explain the new depths being plumbed by Trump’s DOJ. ICE executed an early morning search of Rep. Ilhan Omar's D.C. home—apparently targeting immigration statements made when she was 12 years old, by a father who is now deceased—all in service of a reported plan to strip her of her citizenship and deport her. Weissmann, lead prosecutor in Robert S. Mueller’s Special Counsel’s Office from 2017 to 2019 and chief of the Fraud Section in the Department of Justice from 2015 to 2019, walks Dahlia through what is shaping up to be another case of selective and vindictive prosecution, why it violates the department's own 60-day election rule, and what it signals when post-Watergate guardrails established to prevent exactly these kinds of abuses have been dismantled. Weissmann and Lithwick also discuss the administration's lawsuit against California over mail-in ballots—a case in which the evidence, like every prior non-citizen voting claim, collapses under scrutiny but serves its purpose before the courts can intervene. Plus: Trump’s ballroom grift, and why the only thing standing between another mid-term presidential pardon spree and total impunity for all the president’s men might be state criminal law. Andrew Weissmann is a professor of practice at NYU School of Law, legal analyst for MSNOW, and author of Liar's Kingdom: How to Stop Trump's Deceit and Save 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. 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.

Madiba K. Dennie joins Dahlia this week to break down what “originalism,” the rallying cry of legal conservatives and the subject of Justice Alito’s new book, really means. Madiba wrote the OG beatdown of originalism and explains why it is a silly (and conveniently inconsistent) way to interpret the Constitution. While Alito’s polemical book grabbed attention, the Supreme Court began its session with a classic case about elite impunity. Can Boulder County sue an oil company for its role in climate change, for lying about it, and most importantly—to make the company pay for the infrastructure Boulder needs to adapt to its new reality? Next, Madiba and Dahlia discuss the first lawsuit to come from a death caused by an abortion ban in Texas. Alito has tried to explain away how SCOTUS rulings harm people, but the tragic death of Tierra Walker can be traced directly back to Dobbs. Then, barely a week after Christa Pike survived a botched execution in Tennessee, Pete Hegseth announced that the Fort Hood shooter would be executed by a firing squad in December—and livestreamed. While Hegseth is stoking the bloodlust of some Americans, could this made-for-TV horrorshow also expose the injustice of the death penalty? This episode is member-exclusive. If you’ve been hovering over that “subscribe to Slate Plus” button, now is the time to join. For a limited time (until Oct. 16), you can join Slate Plus for 50 percent off and get bonus episodes of Amicus like this one. You’ll also enjoy ad-free listening across all your favorite Slate podcasts and unlimited reading on Slate.com. Visit slate.com/amicusplus and use the promo code AMICUS50 to receive the discount AND get access wherever you listen. Support what we do and help us absolutely crush it during Slate’s 30th anniversary pledge drive!

Donald Trump brags about his boundless freedom while the same Supreme Court that handed him that power has curtailed everyone else's. Confidence in the court has cratered to historic lows, and waiting for a justice to retire is not actually a plan. Could a “shadow court”––a body set up to critique and even to rival SCOTUS—rescue democracy? In her new book, The Shadow Court: Rescuing Democracy from the Supreme Court, Fordham law professor Julie Suk argues that the court isn't just making some bad decisions—it's working exactly as designed. Drawing on constitutional courts in democracies around the world that rebuilt the rule of law after falling to fascism and authoritarianism, Suk outlines a bold institutional answer: a shadow court that would issue advisory opinions on the same issues the Supreme Court decides, giving lawmakers and the public a concrete alternative to judicial supremacy. Dahlia and Julie also discuss how America’s legal and constitutional systems continue to fail women (also by design), from the stalled Equal Rights Amendment to Justice Alito's claim that women's reliance on Roe was merely "abstract"—and why the path to real change might run through state ratifying conventions, rather than state and federal institutions that have failed to reform themselves. Want more Amicus? Join Slate Plus to unlock weekly bonus episodes with exclusive legal analysis. If you’ve been peering longingly through the steamed-up windows of the Amicus Plus smokeless cigar bar—your finger hovering over that “subscribe to Slate Plus” button—now is the time to join. For a limited time (like, until Oct. 16), you can join Slate Plus for 50 percent off and get bonus episodes of Amicus. You’ll also enjoy ad-free listening across all your favorite Slate podcasts and unlimited reading on Slate.com. Visit slate.com/amicusplus and use the promo code AMICUS50 to receive the discount AND get access wherever you listen. Support what we do and help us absolutely crush it during Slate’s 30th anniversary pledge drive! 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.

Balls and Strikes Editor-in-Chief Jay Willis joins Dahlia in the smokeless cigar bar this week. First up: the latest attack on abortion rights. Since the Dobbs decision in 2022, blue states like New York and California have introduced laws to protect abortion rights for their residents and shield them from prosecution in red states. Louisiana, Alabama, and Arkansas claim this violates their legal authority and asked SCOTUS to hear their case. The high court might decline to do so, but as Jay explains, the very existence of this suit poisons the conversation about abortion and is another example of pretending bodily autonomy is simply an abstract legal concept. Next, SCOTUS affirmed this week that Trump’s third-country removal policy is not cruel or dangerous and certainly does not cause irreparable harm to the people who are dumped in dangerous countries to which they have no connection. Perish the thought of Trump getting mad at SCOTUS for doing the right thing. And besides, DHS has pinky promised they won't hurt anyone.. Finally, Jay takes us inside the growing pains of SCOTUSblog, a 24-year-old outlet that was recently taken over by a conservative media group that is cozy with the Trump administration. Jay explains what this means for a brand that once represented Americans’ sole access to the court. This episode is member-exclusive. If you’ve been hovering over that “subscribe to slate plus” button. Now is the time to join. For a limited time (like, until October 16th), you can join Slate Plus for 50 percent off and get bonus episodes of Amicus, like this one. You’ll also enjoy ad-free listening across all your favorite Slate podcasts and unlimited reading on Slate.com. Visit slate.com/amicusplus and use the promo code AMICUS50 to receive the discount AND get access wherever you listen. Support what we do and help us absolutely crush it during Slate’s 30th anniversary pledge drive!

This week, the Supreme Court blessed the torture of a condemned woman, and the court is set to kick off the new term by doing fossil fuel's bidding. So here at Amicus, we’re not really in the mood for a razzle-dazzle “curtain raiser.” Instead, we’re taking a clear-eyed look at the ways the Roberts court is pulling the constitutional rug out from under the American people. First, Dahlia is joined by Corinna Barrett Lain, author of Secrets of the Killing State: The Untold Story of Lethal Injection, to discuss the botched execution of Christa Pike. After the Supreme Court overturned a last-minute stay without explanation, Tennessee attempted to execute Pike by lethal injection—twice. She survived and was taken to hospital where doctors tried to save her life. She was unconscious and on a ventilator at the time of writing. Professor Lain explains how lethal injection's medicalized facade hides state violence, why the court keeps green-lighting botched protocols, and what Pike's case reveals about a system that executes the broken and the poor while sparing those who can afford good lawyers. Then, Dahlia speaks with Sen. Sheldon Whitehouse of Rhode Island about the Supreme Court's new term and its fossil-fuel patrons. They discuss the Suncor v. Boulder climate case, the flotilla of billionaire-funded front groups filing amicus briefs to signal the court's captured justices. Should we be optimistic that Alito has recused himself from the case that opens the term? Sen. Whitehouse says it is unlikely that decision reflects any sort of come-to-Jesus moment. It suggests instead that, if the Democrats take power in the midterms, the Supreme Court’s internal practices must be investigated. Although his peers are longing to return to regular, orderly government, the senator says “there has to be a reset.” Want more Amicus? Join Slate Plus to unlock weekly bonus episodes with exclusive legal analysis. If you’ve been peering through the steamed up windows of the Amicus Plus smokeless cigar bar longingly, hovering over that “subscribe to Slate Plus” button. Now is the time to join. For a limited time (like, until October 16th), you can join Slate Plus for 50 percent off and get bonus episodes of Amicus, like this one. You’ll also enjoy ad-free listening across all your favorite Slate podcasts and unlimited reading on Slate.com. Visit slate.com/amicusplus and use the promo code AMICUS50 to receive the discount AND get access wherever you listen. Support what we do and help us absolutely crush it during Slate’s 30th anniversary pledge drive! 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.

This week at the smokeless cigar bar, Dahlia and Madiba K. Dennie of Balls and Strikes discuss the beating of a man by DHS officers near Chicago that can be traced directly to the Supreme Court. Justice Brett Kavanaugh laid the foundation for this kind of law-enforcement stop last year. Next, the Missouri map case keeps coming back, which undermines not only the law but confidence in elections. Dahlia and Madiba revisit recent examples of the Trump administration ignoring courts at every turn. DHS is continuing to send people to third countries as a means of removing them from the country, the Missouri Republican Party keeps trying to reinstate an illegal electoral map, but in a (slightly) bright spot, Justice Ketanji Brown Jackson spoke publicly about how SCOTUS’ abuse of the shadow docket damages its credibility and the rule of law. 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.

President Trump announced on Truth Social that he was banning CNN, Politico, and MSNow from the White House because he didn't like their coverage. Within days, a federal judge ordered the outlets be reinstated—but the White House dragged its feet. Hours later, reporters were still locked out and a state dinner with President Xi of China went ahead without them. Jameel Jaffer of the Knight First Amendment Institute joins Dahlia Lithwick to explain the First Amendment and due-process arguments at the heart of the case, why the administration's national security justification fell apart in court, and what it means when a president seems indifferent to judicial orders. Together, they trace the broader pattern of press intimidation, including this administration's recent bans on the Associated Press and on Pentagon reporters. And, they discuss something new: news organizations standing together in solidarity for the first time, and why Jaffer thinks we're already living in an authoritarian moment—whether we've noticed or not. 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.