Amicus With Dahlia Lithwick | Law, justice, and the courts - A Constitutional Travesty Narrowly Avoided

It was a weird and wild ride as the Supreme Court handed down the last decisions of the term that started all the way back in October of 2025. We were so much younger then. After 58 argued cases and a steady, sneaky stream of shadow docket orders, the court issued its final four decisions Tuesday, and one justice was retired and unretired in short, confusing order.

The headline win: The court upheld birthright citizenship, but only by a 5-4 vote on the constitutional question, far closer than expected, and a sign of just how willing four justices are to rewrite the 14th Amendment to suit Donald Trump's wishes. Justice Brett Kavanaugh tried to split the baby, and Dahlia and Mark explain why his approach is more alarming than it first appears.

The news doesn't get better from there. The court ruled against transgender student athletes in cases out of Idaho and West Virginia, with Kavanaugh writing for the majority and Justice Neil Gorsuch offering an unconvincing retreat from his brief moment, post-Bostock, as an LGBTQ rights ally. The court also gutted limits on coordinated spending between political parties and candidates, opening new doors for even more big money in elections.

Plus: the strange saga of Justice Alito's accidentally announced "retirement," what it reveals about the court's obsession with secrecy, and a first look at next term's blockbuster Second Amendment case on assault weapons.

Don't miss the Amicus Plus Breakfast Table on July 10th at noon EDT with Steve Vladeck, Sherrilyn Ifill, and Niko Bowie. Slate Plus members can sign up for our special end-of-term conversation. Join Dahlia and Mark as they unpack this Supreme Court term with some of the smartest legal analysts in the business. You can be part of a live taping of the show, go to slate.com/breakfasttable to sign up for online access. Slate Plus members will also have access to an exclusive Q&A with Dahlia and Mark. Submit your questions now to amicus@slate.com

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