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

Former Judge Nancy Gertner, now a prominent figure in lawsuits against the Trump administration, shares her insights on recent legal victories in court, particularly regarding the intimidation of FBI agents involved in prosecuting January 6 cases. Joining her is Mark Joseph Stern from Slate, who offers an update on significant challenges, including those related to birthright citizenship. They discuss the judiciary's crucial role in safeguarding democracy against executive overreach and the implications of these ongoing legal battles for civil rights.

Kim Lane Scheppele, Laurance S. Rockefeller Professor at Princeton and autocracy law expert, offers a chilling look at Trump's fast-tracking America toward autocracy. She discusses the alarming parallels between Trump's orders and global authoritarian trends. Scheppele highlights how legal frameworks can manipulate democracy, drawing on experiences from Hungary and Russia. The conversation urges communities to resist rising cruelty and protect civil rights, emphasizing the importance of empathy and ongoing electoral integrity in safeguarding democracy.

Dahlia Lithwick chats with Stephen Vladeck, a constitutional law expert and author of "The Shadow Docket," about the recent federal funding freeze and its implications. They dissect the legal chaos resulting from the White House's memo halting federal grants, raising alarms over potential executive overreach. Vladeck highlights the constitutional crises this could trigger, drawing parallels to Nixon's tactics. The conversation underscores the fragility of checks and balances in the current political climate and the dangers of prioritizing policy over law.

Dahlia Lithwick is joined by Aaron Reichlin-Melnick, a Senior Fellow and immigration policy expert at the American Immigration Council. They dive into the whirlwind of executive orders from Trump that aim to reshape immigration law. Aaron highlights how these policies threaten vulnerable groups, particularly immigrants and asylum seekers, and discusses the constitutional implications at play. They also explore the tensions between humanitarian values and harsh rhetoric, emphasizing the critical role of advocacy in these tumultuous times.

Some very clear themes are already emerging from President Donald Trump’s executive orders; cruel, chaotic, and fear-stoking - yes, but also - they’re rife with shoddy drafting (is that you, ChatGPT?), sloppy lawyering, and some are wildly unconstitutional. In an extra episode of Amicus for plus members, Dahlia Lithwick and Mark Joseph Stern begin the work of parsing a few of the many, many executive orders raining down on America in the hours since Trump assumed office for the second time. This episode is member-exclusive. Listen to it now by subscribing to Slate Plus. By joining, not only will you unlock weekly bonus episodes of Amicus—you’ll also access ad-free listening across all your favorite Slate podcasts. You can subscribe directly from the Amicus show page on Apple Podcasts and Spotify. Or, visit slate.com/amicusplus to get access wherever you listen. Hosted on Acast. See acast.com/privacy for more information.

Pamela Karlan, a renowned constitutional scholar at Stanford Law, and Mark Joseph Stern, a Slate senior writer specializing in legal analysis, delve into the evolving legal landscape as Donald Trump approaches another term. They discuss the implications of recent Senate confirmation hearings and a lack of rigorous questioning surrounding key judicial appointments. The conversation highlights the complexities of prosecuting a former president while addressing issues like birthright citizenship and the urgent fight for reproductive rights amid corporate influence.

Gautam Hans, Clinical Professor of Law at Cornell, brings his expertise in constitutional and technology law to discuss pivotal legal issues. He dives into the Supreme Court's TikTok ban case, highlighting the tension between national security and First Amendment rights. The conversation also touches on the implications of Trump's recent sentencing and the court's unexpected decisions, analyzing how these events shape future legal landscapes regarding social media and political accountability.

A deep dive into the legal maze surrounding Donald Trump's prosecutions highlights his upcoming Supreme Court appeal concerning presidential immunity. Guests dissect the implications of this case, revealing the intricate legal precedents at play. Expert insights illuminate the challenges Trump faces, providing a captivating look at the intersection of law and politics amid a whirlwind of constitutional news.

Sherrilyn Ifill, a renowned civil rights litigator and 14th Amendment expert, dives into critical discussions about the Supreme Court’s legitimacy with Dahlia Lithwick. They dissect Chief Justice John Roberts' year-end report, highlighting the troubling trend of the judiciary equating criticism with threats. Ifill raises concerns over judicial impartiality and accountability, particularly regarding recent controversial decisions. Together, they emphasize the need for constructive feedback to uphold fairness and integrity in the legal landscape.

Curiosity takes center stage as listeners' burning questions about Trump and the courts are answered. The conversation dives into the potential for a third presidential run, the complexities of immigration law, and the implications of the 22nd Amendment. There's also a lively discussion about the Equal Rights Amendment and its political significance today. The hosts sprinkle in humor and pop culture references, reflecting on their favorite comic book characters and how these themes connect to personal identity. Expect a mix of legal analysis and lighthearted engagement!