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

The “Civility” Problem for Judges

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

Slate Audio

News Commentary,, Government, News

4.63.4K Ratings

🗓️ 9 May 2026

⏱️ 62 minutes

🧾️ Download transcript

Summary

Over the last few years, there’s been an undeniable uptick in threats against American judges and their families: they’ve been doxxed, swatted, even killed. Many jurists are not all that comfortable having conversations around these threats. This reluctance to respond publicly is understandable, but it’s also depriving us of a critical perspective from the very people this affects. This week on Amicus, that changes: Two judges sat down with us to talk openly about what often goes unsaid. Host Dahlia Lithwick speaks with sitting U.S. District Judge for the Western District of Washington Judge Robert S. Lasnik, and Judge Jeremy Fogel, a former U.S. District Judge for the Northern District of California and current Executive Director of the Berkeley Judicial Institute. They acknowledge that there’s a long history of judges being threatened, but point out that it’s usually not coming from the President and his Department of Justice. We’re in uncharted territory, and Judges Lasnik and Fogel are bravely opening up about what this volatility means for an independent judiciary, and what we should do about it. 


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Transcript

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0:00.0

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

0:18.0

I'm Dahlia Lethwait.

0:19.6

For almost as long as I can remember, we've been

0:21.9

talking on this show about attacks on judges as attacks on democracy and on the rule of law.

0:28.0

And in recent weeks, we've tried to flag the dangers of President Trump's repeated accusations

0:33.5

that the justices of the U.S. Supreme Court are endangering the country when they don't do exactly

0:39.9

what he wants. Just this past week, Chief Justice John Roberts insisted again that the court is not

0:45.7

political. Just a week after it, along perfectly partisan political lines, functionally decimated

0:53.2

what was left of the Voting Rights Act.

0:55.0

Look, judges are political except when they aren't, and courts can and should be criticized

1:00.0

for what they do without metastasizing into threats of violence. The line between law and politics

1:06.0

is porous and shifting. The line between criticism of judges and calls for violence against them is

1:12.3

similarly subjective, but the rule of law and democracy itself rise and fall on first naming

1:18.5

and then understanding the difference. Yet verbal, political, and sometimes violent attacks on

1:25.1

members of the judiciary have been mostly met with silence from the Trump administration, from sitting judges, and even dispiritingly, from the Supreme Court itself.

1:35.7

Targeted by the president, described as enemies by the attorney general, subjected to doxing violence, even death, the judiciary is now in uncharted territory. That silence is

1:48.3

obscuring a meaningful public debate about what constitutes a threat to a judge, what is mere

1:54.1

critical speech, what we mean when we talk about civility, and how much this particular

1:59.8

vocation is vulnerable because it has disarmed

2:02.5

itself from responding. Today we're going to speak to two judges, one current and one former,

2:08.1

about that which has largely gone unset until now. Most jurists are not comfortable having

2:14.8

this conversation. Many wish it never happened at all. So I want to thank

...

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