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Amicus With Dahlia Lithwick | Law, justice, and the courts - Trump Has a Plan for the Midterms, SCOTUS May Help

Slate News

Slate Podcasts

News, Politics, News Commentary

4.5 • 6K Ratings

🗓️ 28 March 2026

⏱️ 54 minutes

🧾️ Download transcript

Summary


On this week’s Amicus, Dahlia Lithwick checks in with Protect Democracy co-founder Ian Bassin about the United States’ speedy retreat from democracy, and how lawyers seeking to protect the constitution are adapting their strategies for Trump 2.0. While Trump’s second term is following an authoritarian playbook, some courts are acting as speed bumps, while others (we’re looking at you, SCOTUS), are increasingly pickled in right-wing brine. The velocity of America’s descent into illiberalism is startling and dangerous, but Bassin argues it is also potentially self-defeating, thanks to Trump’s historic unpopularity that is growing faster than his ability to consolidate power. The two discuss Protect Democracy’s shift from a litigation-heavy strategy to combining court fights with coalition-building, and Ian outlines threats to the 2026 elections—“deceive, disrupt, deny”—including efforts like the SAVE Act and why the President’s decision to deploy ICE to stand around in airports around the country is a clear effort to normalize their presence at polling places in November. But he also stresses that overwhelming participation and public organizing are the ultimate backstops if election results are contested.


Suggested reading: protectdemocracy.org/executive-override/


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Transcript

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0:00.0

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

0:10.5

I'm Dahlia Lithway.

0:13.5

Holy crap. The U.S. is declining faster than those sort of canonical examples of democratic backsliding.

0:19.7

Mail-in voting means mail-in cheating. I call it mail-in cheating.

0:23.2

I used a mail-in ballot. Yeah, I did. You know what? Because I'm president of the United States.

0:28.0

This administration has gone out hunting for fraud with all of the tools of the federal

0:31.6

government over the last year, and they have found virtually none. Confidence in election outcomes

0:37.4

can be seriously undermined.

0:40.1

We can use what's happening with these ICE helping out at the airports.

0:43.8

And they're helping the people with their bags, they're moving things along.

0:48.5

It's a beautiful thing to see.

0:50.4

We can use this as a test case to get really perfect ISIS involvement in the 26 midterm elections.

0:56.9

Yeah, I think we should have ICE agents at the polling places.

1:00.4

The American public are rebelling at the voting booth against Donald Trump

1:05.2

before he has fully consolidated power.

1:07.8

And that's why that precipitous decline is both dangerous, but it actually

1:11.6

may be our salvation.

1:15.7

Democracy may have fallen off the luggage rack of America's station wagon and is now just

1:22.1

visible in the rearview mirror. Last week, the V-DEM, or varieties of democracy project, declared, quote,

1:29.7

democracy in the USA is deteriorating at unprecedented speed. Now, this is indeed not a drill.

1:36.9

We are one month into President Trump's totally illegal war that is either wrapping up or not.

1:44.0

U.S. foreign policy is now conducted by

...

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