
Amicus With Dahlia Lithwick | Law, justice, and the courts SCOTUS Greenlights Trump, Gaslights America
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Dec 6, 2025 Malcolm Nance, a former U.S. Navy intelligence officer and counterterrorism expert, joins to discuss the unsettling implications of recent Supreme Court decisions. He critiques Trump's efforts to limit birthright citizenship and addresses the role of racial gerrymandering in undermining voting rights. Nance dives deep into military law, emphasizing the duty to refuse unlawful orders. He also challenges the administration's justification for controversial military actions, warning of the operational risks they pose to troops and the potential consequences of lawless conduct.
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Alito’s Concurrence Flips Credibility
- Justice Alito's concurrence accuses plaintiffs of weaponizing racial-gerrymandering claims for partisan ends.
- Mark Joseph Stern says the concurrence flips credibility, presuming good faith for mapmakers and bad faith for minority plaintiffs.
Purcell Principle Expanded Dangerously
- The Court expanded the Purcell principle to bar relief up to a year before elections.
- Mark Joseph Stern warns this gives states wide latitude to enact racially discriminatory maps without timely judicial remedy.
Campaign Finance Case Targets Party Loopholes
- The Court will review a law limiting party-candidate coordinated spending intended to block circumvention of contribution caps.
- Mark Joseph Stern explains the law targets past schemes where parties funneled large sums to evade candidate limits and curb quid pro quo risks.








