Amicus With Dahlia Lithwick | “Opinionpalooza 2025”

Episode Date: July 11, 2025
Host: Dahlia Lithwick

Episode Overview

This episode of Amicus, hosted by Dahlia Lithwick, dives into the seismic shifts marked by the end of the U.S. Supreme Court’s latest term. Lithwick examines recent court rulings and their cumulative effect on American democracy, civil rights, and the rule of law. The episode also places particular emphasis on how the current Court, under Chief Justice John Roberts, has used its power to shape legal and social outcomes—sometimes dramatically in favor of conservative priorities and the Trump administration.

Key Discussion Points & Insights

1. The Supreme Court’s Role in Contemporary America

• Lithwick opens with a stark image of increased state power:

  “When you see videos of masked men tasing brown people in grocery stores or Home Depot parking lots becoming the new ICE enforced Jim Crow zones, it's worth remembering that this, all of this has been delivered to the American people with the John Roberts Supreme Court's assistance.”
  (00:01)

• She questions the Court’s capacity or willingness to restrain excesses threatening democracy:

  “It's also worth considering if and how the Supreme Court can restrain any of these democracy demolishing excesses.”
  (00:23)

2. Summary of the Supreme Court’s 2025 Term

• The latest Supreme Court term saw a slew of high-impact decisions:
  • Defunding Planned Parenthood
  • Birthright Citizenship
  • Universal Injunctions
• Lithwick frames these decisions as signaling “a remarkable assertion of power for power's sake.” (00:35)

3. Use of the “Shadow Docket”

• Beyond publicly argued cases, the Supreme Court has increasingly issued consequential decisions via the “shadow docket”—rulings made quickly, often without full briefing or oral argument.
• Lithwick points out a double standard:

  “It really seems to be as straightforward as well, previously it was a Democratic president, and now it's a Republican president.”
  (01:23)

• She criticizes how the Court “has been stepping in to do the Trump administration a solid by overruling federal district courts on shadow docket.” (01:11)

4. Concerns About Judicial Manipulation

• Lithwick warns about the broader implications for the American legal system:

  “It's an attack, really, on the legal system itself in favor of a system that the judges can manipulate to their will.”
  (01:43)

5. Amicus’ Mission

• Lithwick emphasizes the podcast’s ongoing effort to provide accessible, incisive analysis for non-lawyers:

  “We've been breaking down the weedy details of Supreme Court news, giving smart non lawyer people like you the context you need to understand the seismic changes being authored by the highest court in the land.”
  (01:29)

Notable Quotes & Memorable Moments

• “I take these rulings together as this remarkable assertion of power for power's sake.”
  — Dahlia Lithwick (00:35)

• “The Supreme Court has been stepping in to do the Trump administration a solid by overruling federal district courts on shadow docket.”
  — Dahlia Lithwick (01:11)

• “It's an attack, really on the legal system itself in favor of a system that the judges can manipulate to their will.”
  — Dahlia Lithwick (01:43)

Timestamps for Key Segments

• 00:01 — Introduction and the link between current events and Supreme Court decisions
• 00:23 — Can the Supreme Court restrain democracy-damaging excesses?
• 00:35 — The new term as a “remarkable assertion of power”
• 00:50 — Overview of major decisions: Planned Parenthood, birthright citizenship, universal injunctions
• 01:11 — Shadow docket and its partisan applications
• 01:29 — The role of Amicus for non-lawyer listeners
• 01:43 — Critique of judicial power and system manipulation

Overall Tone and Takeaway

Lithwick’s tone throughout is urgent and cautionary. She highlights the unprecedented power grabs and increased politicization of the judiciary, warning about the potential erosion of democracy and impartial justice. Amicus remains committed to unpacking these changes with clarity and depth, aiming to empower listeners with the understanding necessary to navigate and challenge these seismic legal shifts.

For more analysis and context, listeners are encouraged to explore additional Amicus episodes, especially via Slate Plus for extended coverage.