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
Yes, Supreme Court Decisions Really Matter [not-audio_url] [/not-audio_url]

Duration: 58:41
“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 radic…
Trump’s Tariffs Overturned [not-audio_url] [/not-audio_url]

Duration: 1:15:06
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 econom…
The Concentration Camp Next Door [not-audio_url] [/not-audio_url]

Duration: 1:19:50
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 expandi…
Trump Has a New “Big Lie” for the Midterms [not-audio_url] [/not-audio_url]

Duration: 50:00
According to Marc Elias, Dahlia Lithwick’s guest on Amicus, “This week will be looked back on as a pivot point in terms of how the midterms play out.” Elias is a nationally recognized authority on voting rights, redistri…
Legal Blinkers, Moral Hazards [not-audio_url] [/not-audio_url]

Duration: 47:36
Lawyers love legal reasoning. It promises a clean, clear path through sticky, tricky territory. But legal reasoning can enable grotesque real-world outcomes, like torture, or arresting journalists, or masked government a…
Who Gave ICE Permission to Trample the Constitution? [not-audio_url] [/not-audio_url]

Duration: 50:17
The evidence is mounting that ICE is not only unbothered by moral boundaries, but immigration and customs enforcement agents acting on behalf of President Trump believe they are not constrained by constitutional red line…
Preview: Fed Up [not-audio_url] [/not-audio_url]

Duration: 9:20
In this member-exclusive episode, co-hosts Dahlia Lithwick and Mark Joseph Stern discuss the Supreme Court’s fact-free foray into Trump v. Cook, a case that economists warn could crater the economy. President Donald Trum…
Invoking the Insurrection Act [not-audio_url] [/not-audio_url]

Duration: 1:06:41
President Trump REALLY wants to invoke the Insurrection Act. He’s fallen hard for this 200-year-old law that would allow him to deploy active duty military to enforce civilian law on American streets. On this week’s Amic…
Renee Good and Trump’s Age of Immunity [not-audio_url] [/not-audio_url]

Duration: 1:01:01
You saw it. We all saw it. We all saw what happened in Minneapolis when an ICE agent shot and killed Renee Good for the crime of being in her car. This week on Amicus, Dahlia Lithwick and Mark Joseph Stern attempt to dig…
The Fast Track To Autocracy [not-audio_url] [/not-audio_url]

Duration: 56:18
In a special new year retrospective, Amicus host Dahlia Lithwick revisits an important episode from early 2025. Back at the beginning of February, Kim Lane Scheppele, the Laurance S. Rockefeller Professor of Sociology an…