Amicus With Dahlia Lithwick | Law, justice, and the courts - A Constitutional Travesty Narrowly Avoided
Slate Daily Feed
Slate
3.9 • 1.1K Ratings
🗓️ 30 June 2026
⏱️ 15 minutes
🔗️ Recording | Apple Podcasts | RSS
🧾️ Download transcript
Summary
It was a weird and wild ride as the Supreme Court handed down the last decisions of the term that started all the way back in October of 2025. We were so much younger then. After 58 argued cases and a steady, sneaky stream of shadow docket orders, the court issued its final four decisions Tuesday, and one justice was retired and unretired in short, confusing order.
The headline win: The court upheld birthright citizenship, but only by a 5-4 vote on the constitutional question, far closer than expected, and a sign of just how willing four justices are to rewrite the 14th Amendment to suit Donald Trump's wishes. Justice Brett Kavanaugh tried to split the baby, and Dahlia and Mark explain why his approach is more alarming than it first appears.
The news doesn't get better from there. The court ruled against transgender student athletes in cases out of Idaho and West Virginia, with Kavanaugh writing for the majority and Justice Neil Gorsuch offering an unconvincing retreat from his brief moment, post-Bostock, as an LGBTQ rights ally. The court also gutted limits on coordinated spending between political parties and candidates, opening new doors for even more big money in elections.
Plus: the strange saga of Justice Alito's accidentally announced "retirement," what it reveals about the court's obsession with secrecy, and a first look at next term's blockbuster Second Amendment case on assault weapons.
Don't miss the Amicus Plus Breakfast Table on July 10th at noon EDT with Steve Vladeck, Sherrilyn Ifill, and Niko Bowie. Slate Plus members can sign up for our special end-of-term conversation. Join Dahlia and Mark as they unpack this Supreme Court term with some of the smartest legal analysts in the business. You can be part of a live taping of the show, go to slate.com/breakfasttable to sign up for online access. Slate Plus members will also have access to an exclusive Q&A with Dahlia and Mark. Submit your questions now to amicus@slate.com
This is part of Opinionpalooza, Slate’s coverage of the major decisions from the Supreme Court. The best way to support our work is by joining Slate Plus. (If you are already a member, consider a donation or merch!)
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.
Hosted on Acast. See acast.com/privacy for more information.
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. |
| 0:12.8 | And here we are. It is peak opinion paloosa, the final day of the Supreme Court term, or at least the final day where if the justices take the bench. |
| 0:23.2 | Confusingly, we call this the 2025 term because it started in October of 2025. |
| 0:29.5 | Don't ask, I'm Dahlia Lithway. |
| 0:32.1 | And I'm Mark Joseph Stern, and after 58 argued cases since last October and a steady stream of shadow docket decisions, |
| 0:40.2 | the court issued its final four rulings Tuesday morning on the weirdest last day in recent memory. |
| 0:47.0 | It's just an extremely weird day and at least the term didn't bleed over into July. So that's the good news. And I guess the |
| 0:57.2 | fake good news, but certainly the big news, Mark, is that as we predicted after oral arguments, |
| 1:02.9 | the Supreme Court upheld birthright citizenship, small tiny applause, a thing that is in the text |
| 1:09.5 | of the Constitution has been ratified in a statute |
| 1:12.6 | upheld by precedent in an unbroken line of cases. This was not a 9-0 decision, as it should |
| 1:19.7 | have been, or an 8-1 decision as it might have been. Nope. This is only when, insofar as five |
| 1:27.0 | members of the court today could not bring themselves to say that the Constitution means whatever Donald Trump thinks he wants it to mean if he were the king of the world. |
| 1:36.8 | So I'm going to say, Mark, not in any way, shape or form, a banner day. |
| 1:43.3 | I am shocked. I am stunned. |
| 1:45.0 | I was ready for this to be 8-1 and for you and I to come on here and say, you know, I really think that the court doesn't deserve much credit because this was an easy case and a lot of what the court did this term was awful. |
| 1:57.4 | And we shouldn't let this cover that up. |
| 1:58.7 | But oh my God, instead I am here saying, |
| 2:01.8 | this was only five, four on the constitutional question. That is a scandal. That is an outrage. |
| 2:10.6 | That is stunning. Four justices said outright that they believe that under the 14th Amendment, |
| 2:16.9 | the federal government can refuse |
| 2:18.8 | to grant birthright citizenship to the children of many immigrants who are here temporarily |
... |
Transcript will be available on the free plan in 1 days. Upgrade to see the full transcript now.
Disclaimer: The podcast and artwork embedded on this page are from Slate, and are the property of its owner and not affiliated with or endorsed by Tapesearch.
Generated transcripts are the property of Slate and are distributed freely under the Fair Use doctrine. Transcripts generated by Tapesearch are not guaranteed to be accurate.
Copyright © Tapesearch 2026.

