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

The Anti-Trump Cases That Have Changed The Game

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

Slate Podcasts

News Commentary, Politics, Government, News

4.6 • 3.1K Ratings

🗓️ 26 April 2025

⏱️ 72 minutes

🧾️ Download transcript

Summary

As we approach President Trump’s 100th day in office (this time around) this Wednesday, Dahlia Lithwick checks in with one of the key architects of the litigation strategy that is successfully confounding the administration’s most exorbitant executive overreach. After almost 140 executive orders and scores of associated lawsuits, it’s hard to keep track of the state of play. But Skye Perryman of Democracy Forward is on hand to help us think through the main strands of anti-authoritarian litigation, and to explore how some recent wins in court against Trump 2.0 are upending the administration’s attempt to style itself as an all-powerful unitary authority. Next, Slate senior writer Mark Joseph Stern joins to discuss the Supreme Court's recent actions, including a significant order halting deportations to El Salvador, reflecting a growing judicial resistance to the administration's overreach and a confusing claim that Presidents work for . . . their lawyers? 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

Hi, I'm Dahlia Lithwick.

0:06.3

Welcome to Amicus, Slate's podcast about the courts and the law and the Supreme Court.

0:13.7

People do have power, but to utilize that power, they have to go to new places.

0:19.1

And that place right now is the federal courts in this country.

0:25.1

Maybe finally, the majority is not granting Trump the presumption of regularity that he does not deserve.

0:36.7

This week, we are marking, exhaustedly, the 100-day anniversary of Donald Trump's second inauguration as president of the United States of America.

0:47.7

Two clashing legal narratives are currently duking it out as experts try to explain how radical the attack on the law has been.

0:58.3

One holds that the Trump administration has been freakishly gifted at taking over all the levers of power,

1:05.0

aided and abetted by the Heritage Foundation and Project 2025 and brilliant planning and execution in implementing the

1:12.6

Victor Orban playbook. The other holds that this is all a clown car full of mediocre clowns

1:19.0

who are terrible at governance and keep tripping over their own feet in policy matters and in court.

1:25.4

As we rear up on this 100th day in office, a few things can be true.

1:30.5

Trump has issued almost 140 executive orders sparking over 100 lawsuits. The Trump administration

1:37.2

may be destroying the rule of law by virtue of power, numbers, and fear, but they also

1:42.5

losing court all the time. And that matters tremendously.

1:46.9

Speaking of losing in court, later on in the show, Mark Joseph Stern is going to help us

1:51.7

consolidate the many moving parts of the Alien Enemy's Act cases, including that very

1:57.7

significant order from the Supreme Court last weekend and the valiant efforts of Judge Paul Lazini's and others to elicit basic facts from the Trump administration as to the whereabouts of disappeared individuals and to ensure some kind of due process for people at risk of imminent rendition.

2:20.7

But first, the first 100 days.

2:26.3

And let's just stipulate, there are too many legal challenges and too many courts to keep track of, but they are also too important to let slide. And as you're about to hear, too effective

2:32.4

to ignore. So we wanted to mark the 100-day milestone with Sky Paraman, president of Democracy Forward, who has been at the tip of the spear in litigation challenging the unlawful actions of the Trump administration since week one. Democracy Forward has been involved in major lawsuits challenging the spending freeze for federal

2:52.8

programs, the deportations without due process, challenging the authority of Doge to conduct mass

...

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