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What Next | Daily News and Analysis

Amicus | Dear Justice Kavanaugh, “I’m American, Bro”

What Next | Daily News and Analysis

Slate

News, Daily News, News Commentary, Politics

4.62.3K Ratings

🗓️ 13 October 2025

⏱️ 49 minutes

🧾️ Download transcript

Summary

While the What Next team celebrates Indigenous Peoples’ Day, please enjoy this episode from our colleagues at Amicus, Slate’s legal podcast. Mary will be back with a new episode of What Next tomorrow. In this week’s episode of Amicus, we delve into the recent Supreme Court shadow docket order in Noem v. Vasquez-Perdomo, which in essence legalized racial profiling by roving ICE patrols, and in practice may have ushered in America’s “show your papers” era for Americans with brown skin, who speak Spanish, and/or go to Home Depot in work clothes. Join Dahlia Lithwick and Ahilan Arulanantham, a longstanding human rights lawyer and law professor, as they unpack what this unargued, unreasoned, unsigned and (in Kavanaugh’s case) uncited decision means for both immigrants and U.S. citizens, for 4th amendment doctrine, and for the lower courts expected to parse SCOTUS’ tea leaves.  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

Transcript

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0:00.0

Hey there, Wetnext Listener. It is Indigenous People's Day today. So the team is off, but we didn't want to leave you hanging in without an episode. Because this holidays had quite the evolution in the U.S. over the years, we thought it would be a good opportunity to return to an amicus episode from September, which is all about who gets to be perceived as an American right now.

0:22.0

The always brilliant Dahlia Lithwick digs deep on the Supreme Court's shadow docket decision,

0:26.8

which permitted racial profiling in ice stops.

0:30.3

Dahlia says it's launched a new Show Your Papers era for migrants and citizens alike.

0:36.7

Take a listen. A new what next episode is going to be in your feeds tomorrow.

0:44.8

I'm Dahlia Lithwick. This is Amicus, Slate's podcast about the courts and the Supreme Court and the law. Thank you for being with us.

1:10.0

Thank you for being with us. This was another week, teeming with political violence in America, another week in which free speech and guns and respected world leaders raping and trading young girls, the assassination of a major political figure, police brutality against people of

1:30.5

color, the military occupation of another American city in the name of law and order, and

1:36.9

another school shooting was all just another week.

1:41.7

Our show this week will be about authorized state violence against migrants

1:46.6

and asylum seekers and U.S. citizens because of the color of their skin and the language

1:51.2

that they speak and where they are standing, as authorized by a majority of a Supreme Court

1:56.9

that was too embarrassed to even explain itself. But please know that every facet of the Epstein

2:04.7

birthday book and the threats of bloody vengeance for the murder of Charlie Kirk and treatment of

2:11.9

unaccompanied children in government shelters, the promise of the National Guard being sent into Memphis, is all

2:19.6

authorized state violence, as is the jurisprudence that permits it. Please don't say this is not who we are.

2:27.6

This is who we are. It doesn't have to be who we are, but this is what we choose.

2:41.2

On Monday, the Supreme Court issued an order in a case called Nome versus Vasquez-Perdomo that legalized a previously impermissible form of racial profiling done by roving ice

2:47.1

patrols for ostensible immigration purposes.

2:50.5

It was done on the court's emergency

2:52.6

docket by a six to three margin with no explanation or reasoning or guidance for future courts.

3:00.2

Justice Brett Kavanaugh issued a concurrence explaining his own personal views on why this order

...

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