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
Preview: Trump’s Racking Up Supreme Court Loyalty Points [not-audio_url] [/not-audio_url]

Duration: 6:16
How do you eat an elephant? One bite at a time.* There is a cluster-you-know-what of constitutional and legal news this week, so Amicus Plus is popping up a little early with a bonus episode to tackle the Trump prosecuti…
John Roberts’ New Year Blame Game [not-audio_url] [/not-audio_url]

Duration: 1:00:31
Happy (?) New Year. Amicus is gingerly stepping into 2025 and into the coming onslaught of Trump 2.0 with one of the country’s very best legal, constitutional and human guides –– civil rights litigator and 14th Amendment…
Dead Amendment Walking [not-audio_url] [/not-audio_url]

Duration: 47:30
Maybe the court won’t listen to your complaints and questions - but we will. As a parting gift to you this year, Dahlia Lithwick and Mark Joseph Stern answer your questions about Trump, the courts and the constitution. C…
Defamation Stations! [not-audio_url] [/not-audio_url]

Duration: 43:16
It wasn’t a great week for speaking truth to power. ABC’s decision to settle Donald Trump’s defamation lawsuit to the tune of $16 million at the behest of parent company Disney sent shockwaves through newsrooms around th…
Chris Wray Just Made Way For Something Even Worse Than Kash Patel [not-audio_url] [/not-audio_url]

Duration: 57:51
Last week, we examined the deeply worrying prospect of Kash Patel, FBI director. This week, that possibility became even more worrisome with respect to the future of the FBI, all sparked by current director Christopher W…
Meet Kash Patel, Donald Trump’s New Roy Cohn [not-audio_url] [/not-audio_url]

Duration: 46:49
What do people inside the Department of Justice think about their once-colleague and possible-future-overlord, Kash Patel? On this week’s Amicus, Dahlia Lithwick is joined by former US Attorney Joyce White Vance to discu…
The Right’s About-Turn on Parental Rights [not-audio_url] [/not-audio_url]

Duration: 47:30
When it comes to gender affirming care for teenagers, parents’ rights no longer matter. Doctors’ opinions no longer matter. Next week, the Supreme Court will hear arguments in United States. v Skrmetti, challenging Tenne…
Can The Senate Save Us? [not-audio_url] [/not-audio_url]

Duration: 40:53
If you had forgotten the chaos of Trump 1.0, the frenzied first two weeks of transition to Trump 2.0 has surely been a stark reminder. A pair of random billionaires are claiming in advance that SCOTUS will back their ext…
Matt Gaetz And The Clown Car Crash Into The Justice Department [not-audio_url] [/not-audio_url]

Duration: 1:13:19
Trump’s announcement of Matt Gaetz as his pick to head the Justice Department was met with gasps around the Capitol. Dahlia Lithwick is joined by Slate’s senior legal writer Mark Stern to, yes, gasp together, but also to…
Trump’s Back, This Time Without Guardrails. [not-audio_url] [/not-audio_url]

Duration: 44:11
We are, most of us, still very much in the post-election fog. It’s early days and while the fog persists, some of the shape of the future is very clear: despite his felonies, his lies, his promised mass deportations and…