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.

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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. 

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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.   

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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. 

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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.

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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.  

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In this urgent extra episode of Amicus,  host Dahlia Lithwick and Slate's senior writer Mark Joseph Stern discuss the unfolding constitutional crisis triggered by the Trump administration's defiance of a court order to halt flights carrying Venezuelan migrants to be delivered to El Salvador’s so-called Terrorism Confinement Center - a vast foreign prison  that could  be described as a labor camp.  Lithwick and Stern explore the timeline of events that unfolded in Federal Court Judge James Boasberg’s court this week, and on planes bound for El Salvador. Next, they try to parse the legal arguments put forth by the Justice Department, claiming apparently boundless power for President Trump to render anyone he deems a gang member. Finally, they discuss why the Trump administration has chosen this particular constitutional hill to die on, and how far Chief Justice John Roberts might be prepared to go along with it. 

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.

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Donald Trump continued his almost uninterrupted losing streak in the courts. Across the country we saw federal judges openly criticizing his Administration officials and their lawyers for overreach, bullying and misrepresentations about not only their cases, but about norms and values. But Trump has both judges and law firms in his crosshairs. On this week’s show, former US Attorney Preet Bharara joins Dahlia Lithwick to discuss the role of lawyers and law firms and legal norms in a crisis of lawlessness, and the extent to which court victories alone can save democracy. 

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Elon Musk’s moves at DOGE have been legally dubious from the start. And the more we learn, the more questions we have about this not-an-agency helmed by Musk –– who is apparently both in charge, and also not in charge. That’s why we wanted to talk with Kate Shaw, University of Pennsylvania law professor and co-host of the Strict Scrutiny podcast, about the very real constitutional issues raised by DOGE and Musk and his minions. Shaw spoke with Dahlia Lithwick about what is and isn’t legal about DOGE, and the impossible bind that creates for government lawyers tasked with defending his devastation of the government. 

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On Wednesday morning the Supreme Court dealt a blow to the Trump administration's effort to withhold $2 billion promised for foreign aid work. Dahlia Lithwick and Mark Joseph Stern discuss the Court’s decision to reject the Trump administration's request to halt a lower court's order, by a five to four vote, compelling the State Department to resume payments. While Chief Justice John Roberts and Amy Coney Barrett sided with the court's liberal justices, Justice Samuel Alito offered a “stunned” dissent, reacting to the Court’s surprising rebuke to the Trump administration with few facts but plenty of fury. 

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.

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This past week has seen firings at the Pentagon, an Executive Order targeting a private law firm, the installation of a podcaster and January 6 denialist as #2 at the FBI, and an incident in which an audience member at an Idaho townhall was wrestled to the ground and led away in zip ties by private security that answer to no lawful police entity. Is this what happens when the lawyers, police officers, military officials and other law enforcement organizations who are meant to keep us all safe, are sidelined or conscripted into lawless behavior? 

On this week’s episode of Amicus, Dahlia Lithwick speaks to Asha Rangappa, a former FBI special agent, editor at Just Security and author of the substack The Freedom Academy with Asha Rangappa. Asha explains what happens when people who are hellbent on using the law to break the law achieve positions of power, and whether the safeguards still in place can hold.

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