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
Playing Chicken With the Constitution [not-audio_url] [/not-audio_url]

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 confl…
A Lawyer’s Guide to Not Caving to the President [not-audio_url] [/not-audio_url]

Duration: 55:39
On this week’s Amicus, autocratic creep in high and low gear. In high gear: The Supreme Court finally issued its order in Kilmar Abrego Garcia’s case, requiring that the government “facilitates” Abrego Garcia’s return fr…
He Was Deported by Administrative Error. We Talked to His Lawyer. [not-audio_url] [/not-audio_url]

Duration: 48:15
The US government’s use of a prison in El Salvador as an extra-judicial due-process free black site has been rendered starkly visible by the story of one man they tried to disappear. On this week’s Amicus, Dahlia Lithwic…
Trump’s Plan To Put A Chokehold On Voting [not-audio_url] [/not-audio_url]

Duration: 1:09:15
The Trumpian inversion of reality was threaded into so many areas of the law and active litigation this week. Slate senior writer Mark Joseph Stern joins Dahlia Lithwick to discuss the apparent evaporation of judicial pa…
The Rule of Law Took A Very Dark Turn This Week [not-audio_url] [/not-audio_url]

Duration: 1:13:03
If you’re overwhelmed by the sheer volume of lawless acts, constitutional crises (we count five), and huge Trump administration losses in court this week - honestly, same. But if anyone can render this swirling storm of…
Sneak Preview: An Escalating Constitutional Crisis [not-audio_url] [/not-audio_url]

Duration: 9:49
In this urgent extra episode of Amicus, host Dahlia Lithwick and Slate's senior writer Mark Joseph Stern discuss the unfolding constitutional crisis triggered by the Trump administration's defiance of a court order to ha…
Big Law Stands Up [not-audio_url] [/not-audio_url]

Duration: 35:31
Donald Trump continued his almost uninterrupted losing streak in the courts. Across the country we saw federal judges openly criticizing his Administration officials and their lawyers for overreach, bullying and misrepre…
The Constitutional Truth At The Heart Of The DOGE Cases [not-audio_url] [/not-audio_url]

Duration: 58:31
Elon Musk’s moves at DOGE have been legally dubious from the start. And the more we learn, the more questions we have about this not-an-agency helmed by Musk –– who is apparently both in charge, and also not in charge. T…
Sneak Preview: What Trump’s First Big Loss At SCOTUS Means [not-audio_url] [/not-audio_url]

Duration: 7:14
On Wednesday morning the Supreme Court dealt a blow to the Trump administration's effort to withhold $2 billion promised for foreign aid work. Dahlia Lithwick and Mark Joseph Stern discuss the Court’s decision to reject…