How SCOTUS Enabled The Explosion of Anti-Trans Laws

Whether it’s attempting to overturn birthright citizenship, effectively stripping citizenship from American children, or claiming Alien Enemy Act war powers under an imaginary invasion, Trump’s anti-immigrant moves are outlandishly unconstitutional. They are also being met with significant pushback from judges, even conservative ones. On this week’s Amicus, Dahlia Lithwick is joined by Slate senior writer Mark Joseph Stern who explains the landmark ruling from a Trump-appointed judge in the southern district of Texas that declared the administration's use of the Alien Enemies Act is unlawful. Next, Amanda Frost, University of Virginia law professor and author of  You Are Not American: Citizenship Stripping from Dred Scott to the Dreamers, joins Dahlia to explain what Birthright Citizenship really means, and all the ways Trump is working to redefine what it means to be an American, including stripping citizenship from children and denaturalizing adults.  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. Learn more about your ad choices. Visit megaphone.fm/adchoices

3 Touko 1h 17min

As we approach President Trump’s 100th day in office (this time around) this Wednesday, Dahlia Lithwick checks in with one of the key architects of the litigation strategy that is successfully confounding the administration’s most exorbitant executive overreach. After almost 140 executive orders and scores of associated lawsuits, it’s hard to keep track of the state of play. But Skye Perryman of Democracy Forward is on hand to help us think through the main strands of anti-authoritarian litigation, and to explore how some recent wins in court against Trump 2.0 are upending the administration’s attempt to style itself as an all-powerful unitary authority. Next, Slate senior writer Mark Joseph Stern joins to discuss the Supreme Court's recent actions, including a significant order halting deportations to El Salvador, reflecting a growing judicial resistance to the administration's overreach and a confusing claim that Presidents work for . . . their lawyers? 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. Learn more about your ad choices. Visit megaphone.fm/adchoices

26 Huhti 1h 12min

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 conflict that the federal judiciary would very much prefer to avoid, but just keeps getting more unavoidable. On this week’s Amicus podcast, Mark Joseph Stern is joined by Leah Litman for the first half of the show. They discuss how, faced with a Trump administration that claims the ability to rewrite the Constitution on the fly, denies the ability to follow court orders, and dangles the possibility of extending its lawlessness to renditioning American citizens to a foreign prison, the federal judiciary this week did what the Supreme Court failed to do last week: explicitly call out the regime’s lawless actions. Aptly, Leah’s new book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes, comes out on May 13 and they discuss how the highest court’s enabling of Trump and MAGA more broadly has brought us to the constitutional precipice.  Next: In the six months since the re-election of Donald Trump, abortion and reproductive rights have been squished way below the fold, news-wise, obscured by an ever-mounting pile of terrifying headlines. But outside of the public glare, the legal landscape of reproductive rights has been shifting. Dahlia Lithwick talks to Mary Ziegler about her book Personhood: The New Civil War Over Reproduction.   Together, they examine how notions of fetal and embryonic personhood are fueling punitive actions against women, physicians, and those who provide or seek healthcare related to reproduction. 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. Learn more about your ad choices. Visit megaphone.fm/adchoices

19 Huhti 1h 15min

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 from the El Salvadoran prison to which he was illegally and accidentally reditioned, but also recognizing the limits on its authority to direct the executive branch. Dahlia Lithwick talks to Slate senior writer  Mark Joseph Stern about the ways in which the High Court’s attempts to avoid a showdown with the Trump administration may be futile. Next, Dahlia turns to the autocratic creep in low gear that is President Trump’s buyout of Big Law.  Jessie Weber, managing partner at Brown Goldstein and Levy, shares her view from a firm that has no intention of capitulating government bullying.  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. Learn more about your ad choices. Visit megaphone.fm/adchoices

12 Huhti 59min

Here’s a question for you. If you are scooped up by ICE (masked, covering badge numbers), then moved from one detention center to another in quick succession, before being hastily forced onto a flight to El Salvador where you are imprisoned in a “terrorism confinement center” beyond the jurisdiction of the United States –– at what point in that process could you access some kind of adjudicatory review? In this bonus episode of Amicus for Slate Plus members,  Dahlia Lithwick tackles the Supreme Court’s shadow docket decisions in two overlapping but distinct cases stemming from the Trump administration’s renditioning of detainees to an El Salvadorean mega-prison which also happens to be a legal black hole.  Joined by Slate senior writer Mark Joseph Stern, they explore the legal and procedural concerns, the consequences for due process, and why five justices saw fit to reward the Trump administration for some very out-of-bounds behavior in the lower courts.    Learn more about your ad choices. Visit megaphone.fm/adchoices

8 Huhti 6min

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 Lithwick interviews Simon Sandoval-Moshenberg, lawyer for Kilmar Armando Abrego Garcia, a Maryland resident, husband and father, who was illegally deported to El Salvador in March due to what the government admits was an administrative error. Abrego Garcia was abruptly detained by ICE, torn from his family, and sent to a brutal Salvadoran prison despite having legal protections against deportation. The Justice Department  now says Abrego Garcia must remain in  the notorious CECOT prison in El Salvador. On Friday a district court judge in Maryland ordered his return.  Next, we turn to the Trump administration's disastrous tariffs. Slate's Mark Joseph Stern joins Dahlia to  explore the legality of Trump’s latest, inexplicable round of tariffs against the rest of the world, and debate whether the Supreme Court will apply its so-called “major questions doctrine” when a Republican is in the White House.  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. Learn more about your ad choices. Visit megaphone.fm/adchoices

5 Huhti 51min

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 patience for Trump lawyers simultaneously claiming that a signal chat was not classified or subject to record preservation rules, AND the flights to El Salvador that were  filmed for posterity on arrival at a prison were in fact state secrets. Together, they also think through the likelihood of the Supreme Court stepping into the Alien Enemies Act case at this early stage by just taking the Trump administration at its word that those summary renditions were totally legal and constitutionally correct.  Next, Dahlia Lithwick talks to Wendy Weiser, vice president for democracy at the Brennan Center for Justice at NYU Law School, about another Trumpian inversion of reality: his executive order titled “Preserving and Protecting the Integrity of American Elections”, which in fact is not about election integrity, but instead an extension of the Big Lie election theory that could disenfranchise millions of eligible voters. 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. Learn more about your ad choices. Visit megaphone.fm/adchoices

29 Maalis 1h 12min

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 lawsuits and orders and injunctions legible, and put them in terms that can help make sense of this moment, it’s Dahlia Lithwick. On this week’s show, Dahlia is first joined by Quinta Jurecic, a fellow in Governance Studies at the Brookings Institution and a senior editor at Lawfare, to discuss the deeply worrying shift in the Trump regime’s posture toward judges and the rule of law, that’s been playing out inside and outside the courts this week. Next, Dahlia speaks with a lawyer who secured a big win against Elon Musk and DOGE this week in one of the USAID cases. Mimi Marziani explains the litigation strategy, and its limits.   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. Learn more about your ad choices. Visit megaphone.fm/adchoices

22 Maalis 1h 16min