Amicus With Dahlia Lithwick | Law, justice, and the courts

Alex Reinert, a law professor and civil rights scholar at Cardozo, joins to unpack constitutional limits on immigration enforcement. He traces the origins of qualified immunity and explains why suing federal officials is uniquely difficult. They examine alarming ICE practices, the AP whistleblower memo on administrative warrants, and paths lawmakers and states might take to restore accountability.

In a riveting discussion, co-hosts dive into the contentious Supreme Court case surrounding Trump's firing of Fed governor Lisa Cook. They explore the perilous implications of undermining the Fed's independence on the economy, highlighting how legal arguments fell short of factual bases. The tone of oral arguments reflects more emotional tension than legal clarity, raising questions about due process. With Trump's social media post triggering Cook's dismissal, they dissect the legal stakes and the absurdity of using a tweet as a formal notice.

Joining the conversation are Steve Vladeck, a law professor renowned for his expertise on military justice and national security, and Julia Gegenheimer, a former DOJ prosecutor now at Georgetown Law. They delve into the complexities of the Insurrection Act, discussing its historical context and why Trump's potential invocation could overstep legal boundaries. Julia raises alarms about the Justice Department’s lack of accountability in cases like Renee Good’s killing, emphasizing the troubling implications of a politicized DOJ and excessive force in policing.

Brian Finucane, a senior advisor at the International Crisis Group and former legal advisor at the U.S. State Department, joins to discuss the troubling intersection of Trump's foreign policy and domestic lawlessness. They analyze the implications of unchecked presidential power and the lawfulness of military actions in Venezuela. Finucane emphasizes the importance of international legal constraints, while highlighting the potential dangers of labeling groups as enemies—linking this rhetoric to risks in both foreign and domestic realms.

Kim Lane Scheppele, Laurance S. Rockefeller Professor at Princeton, dives into the alarming rise of autocracy in the U.S. She highlights how early moves by Trump echo global authoritarian strategies. Scheppele explains the dangerous interplay between lawful elections and the erosion of checks and balances. She describes tactics like performative cruelty that target marginalized groups to distract from consolidating power. The conversation underscores the importance of civic resistance and the value of functioning government in maintaining democracy.

The Supreme Court has shifted further right, often aligning with Trump's agenda and targeting voting rights. Dahlia Lithwick and Mark Joseph Stern discuss the significant cases of 2025 that affect democracy and checks on power. They critique how the Roberts majority has expanded executive authority while undermining lower courts. The hosts emphasize the urgency of civic engagement, encouraging listeners to be active in protecting democracy. They explore the risky dynamics the justices face in public perception and accountability amid their controversial decisions.

Lee Gelernt, an ACLU attorney known for his work in civil rights and immigration litigation, joins to discuss alarming legal battles following the Trump administration's treatment of migrants. He recounts the dramatic March 15 renditions, revealing how over 250 men were unlawfully sent to a notorious prison despite a court order. Gelernt explains the controversial Alien Enemies Act and its implications for democracy. The episode dives into the government's defiance, ongoing lawsuits, and the urgent need for legal accountability amidst potential abuse of power.

Sherrilyn Ifill, a civil rights lawyer and former NAACP leader, joins the discussion to unpack the vital role of the 14th Amendment in American democracy. She highlights how recent political rhetoric threatens birthright citizenship and civil rights. Ifill draws parallels between past civil rights victories and today's challenges, urging civic engagement and community action. She emphasizes the importance of local courts and grassroots efforts, reminding listeners that visibility and sustained activism are essential for progress in combating systemic racism.

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.

Jedediah Britton-Purdy, a law professor and author focusing on democracy, and David Pozen, a scholar of constitutional law, delve into the complexities of Trumpism. They discuss the authoritarian crisis and how Trump's actions reflect deeper democratic dysfunction in America. The conversation highlights competing narratives—whether Trumpism represents revolutionary change or just a continuation of established problems. They also explore policy responses and the challenges of overcoming political fragmentation in today's media landscape.