When You Take Away the Kids, You Take Away the Future

When You Take Away the Kids, You Take Away the Future

“A Kitchen Sink Approach to Constitutional Claims”

On this week’s Amicus, - the case that threatens the Indian Child Welfare Act, but also threatens domino effects on tribal sovereignty and land rights. Dahlia Lithwick is joined by Rebecca Nagle, a Cherokee writer, advocate & language learner. Nagle is host of This Land podcast. Season 2 of the podcast was a deep and broad investigation into the background of the case at hand. Maggie Blackhawk also lends her expertise to the discussion, Professor Blackhawk (Find du Lac Band of Lake Superior Ojibwe) is professor of law at NYU and an award-winning interdisciplinary scholar and teacher of constitutional law, federal Indian law, and legislation, Together, they delve through a veritable grab bag of constitutional challenges from the plaintiffs in Brackeen v Haaland. Listen up, you’re about to learn a lot, we did.


In this week’s Amicus Plus segment, Dahlia is joined by Mark Joseph Stern to talk about how a Georgia judge overturned that state’s abortion ban, President Biden’s record and prospects for confirming judges, and death penalty cruelty on the shadow docket again.

Sign up for Slate Plus now to listen and support our show.


Want a behind-the-scenes look at how we create the show? Check out Slate's Pocket Collections for research and reading lists, as well as additional insights into how we think about the stories behind the episodes.


Dahlia’s book Lady Justice: Women, the Law and the Battle to Save America, is also available as an audiobook, and Amicus listeners can get a 25% discount by entering the code “AMICUS” at checkout.

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Episoder(488)

Grab Them by the Constitution

Grab Them by the Constitution

Donald Trump brags about his boundless freedom while the same Supreme Court that handed him that power has curtailed everyone else's. Confidence in the court has cratered to historic lows, and waiting...

10 Okt 53min

Cruel and Unusual, Bought and Paid For

Cruel and Unusual, Bought and Paid For

This week, the Supreme Court blessed the torture of a condemned woman, and the court is set to kick off the new term by doing fossil fuel's bidding. So here at Amicus, we’re not really in the mood for...

3 Okt 1h 13min

Everybody Out of the Pool

Everybody Out of the Pool

President Trump announced on Truth Social that he was banning CNN, Politico, and MSNow from the White House because he didn't like their coverage. Within days, a federal judge ordered the outlets be r...

26 Sep 46min

One Ballot After Another

One Ballot After Another

You’ve seen the headlines about the lists, the claims, the THREE times this same executive order about voting by mail has gone to the Supreme Court. But is Trump’s interference with mail-in voting se...

19 Sep 1h 6min

Capitulation Nation

Capitulation Nation

Capitulation under Trump 2.0 has been devastating to the rule of law. To review a couple of lowlights: One of the nation’s leading lawyers, Brad Karp, cut a deal with Donald Trump in the first days of...

12 Sep 54min

SCOTUS Rewrites the Rules for One Special Boy

SCOTUS Rewrites the Rules for One Special Boy

It’s past time to say it. This Supreme Court is helping President Donald J. Trump evade accountability. Erwin Chemerinsky, dean of the Berkeley School of Law, joins Dahlia Lithwick to break down the c...

5 Sep 1h 9min

Becoming Justice Gorsuch | 3. A Lunch Room for Life

Becoming Justice Gorsuch | 3. A Lunch Room for Life

With Amicus on a brief summer break, we’re bringing you the final installment of Slow Burn’s latest season, Becoming Justice Gorsuch. Host Susan Matthews enlists Slate’s jurisprudence team—Amicus co-h...

29 Aug 56min

Becoming Justice Gorsuch | 2. The Stolen Seat

Becoming Justice Gorsuch | 2. The Stolen Seat

With Amicus on a brief summer break, we’re bringing you the second installment of Slow Burn’s latest season, Becoming Justice Gorsuch.When Justice Antonin Scalia died in February of 2016, the Supreme ...

22 Aug 47min

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