Bad History Will Kill America

Bad History Will Kill America

Author: Slate Podcasts July 4, 2026 Duration: 57:49

The Supreme Court just wrapped the term with a blitz of extremely consequential decisions, and the smoke hasn’t cleared yet. (In fact, it’s looming like a dark storm cloud over our Fourth of July and America 250th festivities…) In this week’s episode, cohosts Dahlia Lithwick and Mark Joseph Stern focus on two of the term’s bleakest legacies: first, the court’s catastrophically bad use of history and second, the demise of independent agencies. They discuss the court’s 6–3 decision in Trump v. Slaughter, which was rooted in shoddy originalism and reckless disregard for how an accountable democratic government actually functions. Meanwhile, the dissenters in Trump v. Barbara would have weaponized bogus history to end birthright citizenship for millions. 


To unpack this, Dahlia and Mark sit down with two law professors: Sam Bagenstos of the University of Michigan and a former general counsel at the Department of Health and Human Services, and Jed Shugerman of Boston University (whom Justices Sonia Sotomayor and Ketanji Brown Jackson cited this week). They deconstruct the myriad ways in which the high court ultimately embarrassed itself, history, and truth, with decisions that will affect millions of Americans for years to come.


Slate Plus members! Don't miss the Amicus Plus Breakfast Table on Friday, July 10th at noon EDT. Mark Joseph Stern and Dahlia Lithwick will be in conversation with Professors Steve Vladeck, Sherrilyn Ifill, and Niko Bowie. Our Pluskateers can sign up to be in the live, online audience for this special end-of-term conversation. Go to slate.com/breakfasttable to sign up for online access. (Psst: Submit your questions now to amicus@slate.com)

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.


Dahlia Lithwick guides Amicus With Dahlia Lithwick | Law, justice, and the courts through the complex and often opaque world of the American legal system. This isn't just a dry recap of rulings; it's a vital exploration of how the law shapes lives, freedoms, and the very fabric of society. The focus frequently rests on the Supreme Court, unpacking the philosophies, personalities, and profound consequences stemming from its nine justices. Each episode seeks to demystify the court's operations and its towering influence on everything from civil rights to everyday governance. You'll hear insightful conversations with legal scholars, journalists, and practitioners who provide clarity on landmark decisions and the simmering cases poised to change the nation. Produced by Slate Podcasts, this series operates with the understanding that justice is not a static concept but a living, breathing, and fiercely debated process. The podcast serves as an essential companion for anyone striving to understand the forces that govern us, offering narrative depth and analytical rigor far beyond the headlines. For those who want to dive deeper, a Slate Plus membership offers additional weekly episodes with extended legal analysis, alongside an ad-free listening experience across Slate's network.
Author: Language: English Episodes: 50

Amicus With Dahlia Lithwick | Law, justice, and the courts
Podcast Episodes
Trump’s Slush Fund Is Even Worse Than You Thought [not-audio_url] [/not-audio_url]

Duration: 1:11:56
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 rew…
Return of the Abortion Pill Wars [not-audio_url] [/not-audio_url]

Duration: 1:07:06
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 “Civility” Problem for Judges [not-audio_url] [/not-audio_url]

Duration: 1:02:01
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…
Racism’s Over and Seashells Can Be Deadly [not-audio_url] [/not-audio_url]

Duration: 1:03:15
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…
Preview: The Worst Voting Rights Decision Since Jim Crow [not-audio_url] [/not-audio_url]

Duration: 8:22
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 t…
MAGA Media Law 101 [not-audio_url] [/not-audio_url]

Duration: 1:03:43
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’ tact…
Trump Thwarted, Orban Toppled: The New Roadmap for Democrats [not-audio_url] [/not-audio_url]

Duration: 54:21
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…
Time to Impeach Trump Again? [not-audio_url] [/not-audio_url]

Duration: 1:06:12
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 butt…
Was it Worth it, Pam? [not-audio_url] [/not-audio_url]

Duration: 53:03
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 Gener…
Preview: A Blowout for Birthright Citizenship at SCOTUS [not-audio_url] [/not-audio_url]

Duration: 5:04
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 challeng…