Playing Chicken With the Constitution

Playing Chicken With the Constitution

Author: Slate Podcasts April 19, 2025 Duration: 1:11:20

Ever since March 15, when three flights carrying hundreds of men who had been afforded zero due process left United States airspace and landed in El Salvador, American democracy has been hurtling toward an internal conflict that the federal judiciary would very much prefer to avoid, but just keeps getting more unavoidable. On this week’s Amicus podcast, Mark Joseph Stern is joined by Leah Litman for the first half of the show. They discuss how, faced with a Trump administration that claims the ability to rewrite the Constitution on the fly, denies the ability to follow court orders, and dangles the possibility of extending its lawlessness to renditioning American citizens to a foreign prison, the federal judiciary this week did what the Supreme Court failed to do last week: explicitly call out the regime’s lawless actions. Aptly, Leah’s new book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes, comes out on May 13 and they discuss how the highest court’s enabling of Trump and MAGA more broadly has brought us to the constitutional precipice. 


Next: In the six months since the re-election of Donald Trump, abortion and reproductive rights have been squished way below the fold, news-wise, obscured by an ever-mounting pile of terrifying headlines. But outside of the public glare, the legal landscape of reproductive rights has been shifting. Dahlia Lithwick talks to Mary Ziegler about her book Personhood: The New Civil War Over Reproduction Together, they examine how notions of fetal and embryonic personhood are fueling punitive actions against women, physicians, and those who provide or seek healthcare related to reproduction.


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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: 100

Amicus With Dahlia Lithwick | Law, justice, and the courts
Podcast Episodes
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…
Trump Has a Plan for the Midterms, SCOTUS May Help [not-audio_url] [/not-audio_url]

Duration: 53:31
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…
The Roberts Court’s Internal Reckoning [not-audio_url] [/not-audio_url]

Duration: 53:37
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.…
Immigration Myths and Birthright Citizenship [not-audio_url] [/not-audio_url]

Duration: 51:06
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 c…
Church and State are Being Reunited, Thanks to SCOTUS [not-audio_url] [/not-audio_url]

Duration: 49:36
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 Ameri…
Preview: This War is Obscenely Illegal [not-audio_url] [/not-audio_url]

Duration: 7:46
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 Eugen…