Amicus With Dahlia Lithwick | Law, justice, and the courts - Playing Chicken With the Constitution

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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Slate Books - Gabfest Reads: How to Turn the Creative Process Into “Good Trouble”

John Dickerson talks with author Maggie Smith about her new book, Dear Writer: Pep Talks & Practical Advice for the Creative Life.  They talk about the essential elements of all creative projects, when you know a project is “done”, how to stay “porous” in the world, and more. 


Tweet us your questions @SlateGabfest or email us at gabfest@slate.com. (Messages could be quoted by name unless the writer stipulates otherwise.)


Podcast production by Cheyna Roth.

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What Next | Daily News and Analysis - TBD | The U.S. vs Meta

This week, the FTC and Meta began a trial to determine if—by adding Instagram and WhatsApp to its portfolio with Facebook over a decade ago—the company became a monopoly in social media. If Meta loses, it could be forced to split up, losing Instagram—and its substantial ad revenue.


Guest: Paresh Dave, senior writer at WIRED.


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What Next | Daily News and Analysis - Should Hospitals Drug Test New Moms?

In an ongoing opioid epidemic, hospitals drug testing new mothers and their babies has an intuitive logic. But applied unequally, rife with false positives, and prone to disrupting those important early weeks, is it a best practice?


Guest: Shoshana Walter, investigative reporter for The Marshall Project



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Podcast production by Elena Schwartz, Paige Osburn, Anna Phillips, Madeline Ducharme, Ethan Oberman, and Rob Gunther.


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What Next | Daily News and Analysis - When a State Tells Trump ‘No’

In February, Donald Trump and Maine Governor Janet Mills got into a spat over Trump’s executive order on trans athletes, that ended with both parties tersely agreeing to meet in court. Since then, the Trump administration seems to be trying to make an example of the state—cutting off federal funding where it can. 


Guest: Callie Ferguson, investigative reporter for the Bangor Daily News.


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Podcast production by Elena Schwartz, Paige Osburn, Anna Phillips, Madeline Ducharme, Ethan Oberman, and Rob Gunther. 


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What Next | Daily News and Analysis - Trump’s Weaponized IRS

On April 7, the Treasury Department and Department of Homeland Security reached an agreement to allow ICE to use confidential tax information to locate undocumented immigrants. Though this group generally pays taxes at a higher rate than comparable U.S. citizens, advocates warn that the IRS-ICE team-up could have a chilling effect. They say it’s likely to endanger the $66 billion in federal tax revenue undocumented immigrants are estimated to contribute, and add to a climate of fear in communities nationwide.


Guest: Francine Lipman, law professor at the University of Nevada, Las Vegas.


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Podcast production by Elena Schwartz, Paige Osburn, Anna Phillips, Madeline Ducharme, Ethan Oberman, and Rob Gunther.

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What Next | Daily News and Analysis - Project 2025’s Plan for Your Family

Despite what Trump said on the campaign trail, his administration seems to be working right out of Project 2025, where the first goal is to “Restore the family as the centerpiece of American life—and protect our children.” What does this mean in action? It starts with a very specific type of “family.”


Guest: David Graham, Atlantic staff writer and author of the forthcoming book, The Project: How Project 2025 Is Reshaping America.


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Podcast production by Elena Schwartz, Paige Osburn, Anna Phillips, Madeline Ducharme, Ethan Oberman, and Rob Gunther.

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What Next | Daily News and Analysis - TBD | TikTok: Somehow Also Affected by the Tariffs

TikTok was on the verge of being sold to a non-Chinese company when Trump rolled out his new tariff plans. Now everything is thrown into uncertainty and the company has until mid-June to find another buyer—or be banned in the United States.


Guest: Sapna Maheshwari, New York Times reporter covering TikTok, technology and emerging media companies.


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Amicus With Dahlia Lithwick | Law, justice, and the courts - A Lawyer’s Guide to Not Caving to the President

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.

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What Next | Daily News and Analysis - TBD | Trump Tariffs Hit Mushroom Kingdom

The same day  Nintendo was officially introducing its latest console, Donald Trump was announcing his new global tariff plan. As a result, gamers were treated to an early preview of what a world bound up in tariffs would look like. Spoiler: It’ll probably cost you a lot more.


Guest: Jason Koebler, a co-founder of 404 Media


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Podcast production by Evan Campbell and Patrick Fort.

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