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

Join Margaret Sullivan, a leading media columnist and author, alongside Sonja R West, a First Amendment law expert, as they delve into the chilling effects of Donald Trump's defamation lawsuits on press freedom. They discuss ABC's $16 million settlement, the implications for journalism's integrity, and the increasing intimidation tactics faced by reporters today. With insights into the historical significance of landmark cases and evolving judicial perspectives, this conversation underscores the critical importance of supporting a free and robust press.

Mark Joseph Stern, a senior writer at Slate specializing in legal affairs, and Sam Sankar, Senior VP at Earthjustice, delve into the alarming implications of FBI Director Christopher Wray's potential resignation. Stern explains how this shift could undermine the rule of law. Meanwhile, Sankar discusses a pivotal Supreme Court case on a railroad project that threatens environmentally sensitive areas, revealing the growing tension between environmental protection and infrastructure development at a time of climate crisis.

Joyce White Vance, a distinguished law professor and former U.S. Attorney, joins the discussion about Kash Patel's potential nomination as FBI Director. Vance explores Patel's troubling history in the DOJ and his unwavering loyalty to Trump. The conversation delves into the frightening consequences of politicizing the FBI, the implications for press freedom, and the ethical challenges journalists face in a hostile environment. They also reflect on the chilling atmosphere surrounding political retribution, leaving listeners pondering the future of justice.

Chase Strangio, co-director of the ACLU’s LGBT & HIV Project and the first openly trans lawyer to argue before the Supreme Court, joins Dahlia Lithwick to discuss the critical Supreme Court case challenging Tennessee's ban on healthcare for trans youth. They explore the hypocrisy within conservative legal movements regarding parental rights versus trans rights, the rise of anti-trans rhetoric, and the alarming implications of recent legislation. Strangio’s insights shed light on the ongoing battles surrounding gender-affirming care and legal discrimination.

Senator Sheldon Whitehouse from Rhode Island, an expert on judicial ethics and dark money, discusses the chaotic political landscape following Trump’s latest transition. He highlights the crucial role of the Senate in moderating extreme judicial nominations and addresses the influence of wealthy benefactors on court appointments. Whitehouse emphasizes the unique challenges the Justice Department faces, especially when led by individuals with questionable ties. The conversation underscores the urgent need for public awareness and vigilance in preserving judicial integrity.

Mark Joseph Stern, a senior writer at Slate known for his incisive legal commentary, joins Dahlia Lithwick to discuss Trump's shocking pick of Matt Gaetz for the Justice Department. They dissect the implications for law and democracy, facing a potential erosion of nonpartisan values. Mary Anne Franks, a law professor and author of "Fearless Speech," delves into the escalating crisis of online censorship, particularly against women, arguing that free speech advocates often silence marginalized voices while pushing dangerous narratives.

Ian Bassin, co-founder of Protect Democracy and former White House counsel, joins the discussion on the implications of Trump's potential 2025 return. They explore the risks of unchecked power, the emotional toll of the current political landscape, and the vital role of citizen engagement in safeguarding democracy. Topics include the legal ramifications of a controversial presidency and the need for grassroots movements to counter rising authoritarianism. Bassin emphasizes collective action as essential for preserving democratic values in turbulent times.

The hosts dive into the aftermath of the recent election, analyzing the implications of a potential Trump presidency. They discuss the complexities of voter behavior, especially regarding support for abortion rights despite backing Trump. There's a focus on the expected shifts in the executive branch, particularly the rise of loyalists and the risks to judicial independence. The conversation also touches on the importance of community resilience in the current sociopolitical climate, emphasizing compassion and inclusiveness amidst challenges.

This week’s show is unapologetically long, deep, and hopeful. Dahlia Lithwick is joined by Yale history professor Timothy Snyder to talk about his new book, On Freedom, and to have the audacity to re-imagine freedom on the precipice of an election that could turn the United States hard right into tyranny. Next, Dahlia is joined by Rick Hasen, Director of the Safeguarding Democracy Project at UCLA Law School, for a gut-check about how the election might go, legally speaking, and a reminder that “too early to call” is a pro-democracy posture on election night—even as the former guy almost certainly claims victory before the clock strikes midnight—regardless of the actual results. Want more Amicus? Join Slate Plus to unlock weekly bonus episodes with exclusive legal analysis. Plus, you’ll 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.

Katherine Yon Ebright, a counsel in the Brennan Center’s Liberty and National Security Program, dives into the chilling revival of the Alien Enemies Act of 1798. She discusses how this historic law is being cited by Trump and right-wing groups to justify mass deportations and bypass due process. Ebright emphasizes the dangerous implications for civil liberties, the misuse of legal rhetoric, and the potential for a surveillance state. Her insights underscore the need for vigilance against the abuse of power that can stem from outdated legal frameworks.