The Forgotten Lawsuits Targeting Trump’s Worst Abuses

The Forgotten Lawsuits Targeting Trump’s Worst Abuses

Author: Slate Podcasts December 20, 2025 Duration: 58:50

In mid-March of 2025, ACLU attorney Lee Gelernt and his colleagues started hearing that the Trump administration might attempt a flagrantly lawless publicity stunt, involving migrant men, secret flights to El Salvador, a notorious gulag, and a total disregard for due process. Despite getting word that something was about to happen, and rushing into a Saturday night hearing, and then securing a TRO from DC judge James Boasberg, Lee and his colleagues were unable to prevent more than 250 men from being renditioned from Texas to the CECOT torture prison in El Salvador. The legal cases spawned by the dramatic events of March 15th 2025 haven’t gone away, indeed they are reaching crucial milestones in the courts, raising foundational questions about the abuse of statutes and what it means to defy court orders. On this week’s Amicus, Dahlia Lithwick is joined by the ACLU’s Lee Gelernt who is litigating these cases, to discuss the very high stakes of a set of cases that may have fallen off your radar in the shuffle. 

How these cases play out will dictate much of what happens for the rest of Trump’s term in office by answering democracy-defining questions such as whether the antiquated and radical wartime powers of the Alien Enemies Act can be unleashed on people the government deems enemies domestically, whether court orders are actually directives the Trump DoJ is bound  to follow, whether the district courts can require Pam Bondi’s justice department to assist in the finding of fact, and whether the ancient legal concepts protecting liberty of due process and habeas corpus have the force of law in Trump’s America. 

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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
Deep Breath, Here We Go [not-audio_url] [/not-audio_url]

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In this extra episode of Amicus, Dahlia Lithwick and Mark Joseph Stern wade through the immediate aftermath of the election. Will splitting the ticket on abortion protect abortion rights nationally? (No) What will the fe…
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Duration: 48:30
Democracy had a pretty rough ride at the Supreme Court last term. Presidents have criminal immunity now! Agency experts aren’t the experts anymore! Sure, you can convert that rifle into an automatic weapon! And guess wha…
The Next Supreme Court Gun Fight [not-audio_url] [/not-audio_url]

Duration: 40:19
In this week's Amicus, Mark Joseph Stern steps in for Dahlia Lithwick to preview the upcoming Supreme Court term and dive into the high-stakes case of Garland v. VanDerStok. This critical case examines the legality of 'g…
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Duration: 41:29
Chief Justice John Roberts has been labeled by some as the serious centrist at the court, and he seemed to embrace and internalize that. But the New York Times’ revelations about behind-the-scenes maneuvers favoring Trum…

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