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Amicus | The Federal Judiciary Is Trapped

Slate News

Slate Podcasts

News, News Commentary, Politics

4.66K Ratings

🗓️ 1 November 2025

⏱️ 68 minutes

🧾️ Download transcript

Summary

“The Chief Justice… is presiding over the end of the rule of law in America”. That quote did not come from host Dahlia Lithwick, but this week’s guest, former Federal Circuit Court Judge and George H. W. Bush appointee, J Michael Luttig. On this week’s show, Judge Luttig explains the unprecedented split we’re seeing between the federal courts and the highest court in the land in response to Trump’s lawlessness on everything from tariffs, to due process, to deploying the National Guard, and what it all means for the future of American democracy.  Next, Dahlia talks to the CEO of the small family business at the center of the tariffs case that will be argued at SCOTUS on Wednesday. Rick Woldenberg of Learning Resources explains why he’s standing up to Trump’s monarchic power grab, and why he sees himself standing shoulder-to-shoulder with James Madison. 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

Click on a timestamp to play from that location

0:00.0

This is Amicus Slate's podcast about the courts and the law and the Supreme Court.

0:09.3

I'm Dahlia Lithwick.

0:14.4

The lower courts are trying mightily to honor their oath, and they are holding Donald Trump accountable for every single

0:26.8

violation of the Constitution and laws of the United States. But of course, the Supreme

0:32.8

Court of the United States is doing anything bar.

0:48.0

If amicus were a daily podcast about the courts and the law, we would be hard-pressed to clock every norms violation, every injunction, every extrajudicial murder taking place in the Caribbean or the

0:56.3

Pacific throughout the past month. And on weeks like this, it's not even clear that an hourly

1:02.4

show could do justice to the havoc being brought at the Justice Department, the Pentagon,

1:07.7

to snap recipients, to lawful protesters on the streets of Chicago and Portland,

1:12.6

inside the FBI, and ICE, or CBP, or indeed among members of the federal judiciary.

1:20.1

So we try as best we can to make meaning of it all, to find trendlines and themes, to find exit

1:26.0

ramps and optimism and legal leverage and wins by increments.

1:30.3

And this week we are talking to one of the most stalwart defenders of the law and the Constitution and the vision of the founders that I have had the honor to know.

1:41.2

Judge J. Michael Ludig, whose piece this week in the Atlantic reminds us to take

1:46.1

seriously and also literally, and also very much to heart, the threats to democracy that are being

1:52.6

posed by Donald J. Trump. Later on in the show, we're going to be hearing from Rick Waldenberg,

1:58.8

the CEO of Learning Resources, the family-owned

2:01.7

business that sued the Trump administration for the so-called Liberation Day tariffs that are right now

2:07.6

walloping American businesses and farmers and consumers right in the pocketbook. His case goes before the

2:14.1

Supreme Court this coming Wednesday, and he, very much like Judge Ludig, is

2:18.4

very clear about the dangers of a monarchic president operating without guardrails and without an

2:25.0

internal breaking system. At some point, somebody needs to stand up. If everybody thinks that somebody should stand up just not me, nobody stands up.

...

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