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Amicus With Dahlia Lithwick | Law, justice, and the courts

SCOTUS Greenlights Trump, Gaslights America

Amicus With Dahlia Lithwick | Law, justice, and the courts

Slate Podcasts

News Commentary, News, Politics, Government

4.63.1K Ratings

🗓️ 6 December 2025

⏱️ 68 minutes

🧾️ Download transcript

Summary

While the Secretary of Defense pursues lawless boat strikes with a laser focus on maximum trolling, the Supreme Court is working to undermine voting rights with a laser focus on maximum support for Republicans.  In this week’s episode of Amicus, Dahlia Lithwick and co-host Mark Joseph Stern discuss the news that Trump’s extra-constitutional attempt to restrict birthright citizenship is heading back to the Supreme Court. They also discuss Thursday’s shadow docket decision supercharging racial gerrymandering as well as next week’s campaign finance case that promises to unleash even more dark money in the midterms. Next, Dahlia’s joined by Malcolm Nance, former naval intelligence officer, author and host of the Black Man Spy podcast to talk through the current administration’s riding roughshod over established military law, and the very nasty history of bombing shipwrecks.  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

I'm Dahlia Lithwick. This is Amicus Slate's podcast about the courts and the law and the Supreme Court.

0:13.6

I'm going to go ahead and confess right off the bat that weeks like this past one, President Donald J. Trump performing naked racism on camera,

0:24.1

SCOTUS deciding that the Texas legislatures racial gerrymander is just cool, cool, cool,

0:30.7

an inspector general finding that Pete Heggseth's signal gate messages endangered U.S. troops,

0:37.1

more ice roundups. It all feels very destabilizing.

0:40.8

It all feels very fact-free. Except we know the facts. Donald Trump is in fact a racist. Texas

0:46.4

did in fact enact a racial gerrymander. Pete Hexeth gleefully endangers the troops. And ICE is

0:53.7

grabbing innocent people and even U.S. citizens

0:56.5

off of the streets. So the question is which institutions plan to stand up to all of that

1:02.6

and which will capitulate and buckle? Later on in the show, we're going to turn to Pete

1:10.0

Hexeth's meme-more-turned-real war of lawless boat strikes and the split-screen explanations about the men killed in a double-tap strike because they were either, A, flipping a bombed-out hull of a boat in order to get back into the narco-terrorism fight, or B,

1:30.0

they were shipwrecked man being murdered by the U.S. military. Now, we don't purport to be

1:35.4

experts on U.S. military law on this show, but we have been documenting since at least last

1:40.7

February the ways in which this administration has blurred the lines between

1:45.7

domestic policing, unchecked powers accumulated as part of the war on terror, emergency

1:51.8

authority in the absence of any emergency, and the unlawful use of military force.

1:57.8

A few weeks back, we dedicated a whole show to troops and illegal orders. We've been

2:03.3

documenting all of this precisely because these actions are a cornerstone of authoritarian takeover,

2:09.9

and because it's such a profound and dangerous abuse of the military and members of the armed

2:15.2

services. Former career U.S. Naval Intelligence Officer

2:19.4

Malcolm Nance will be joining me to shed light on what all this looks like from within the

2:24.7

armed forces and what it means when there is no reliable arbiter of truth or law for the troops.

...

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