Amicus With Dahlia Lithwick | Episode Summary: "The Anti-Trump Cases That Have Changed The Game"
Introduction
In the April 26, 2025 episode of Amicus With Dahlia Lithwick, hosted by Slate Podcasts, Dahlia Lithwick delves into the seismic legal battles initiated during the first 100 days of Donald Trump's second inauguration. The episode, titled "The Anti-Trump Cases That Have Changed The Game," explores the clash of legal narratives surrounding the Trump administration's efforts to reshape American law and governance, and the robust legal resistance mounted against these efforts.
Celebrating 100 Days of Trump's Second Inauguration
Dahlia Lithwick begins by marking the 100-day milestone of Donald Trump's second term, highlighting the administration's aggressive use of executive orders—nearly 140 issued, which have sparked over 100 lawsuits. She sets the stage by presenting two contrasting views among experts: one sees the Trump administration as a highly effective force dismantling democratic norms with assistance from organizations like the Heritage Foundation and Project 2025, while the other views it as a disorganized effort prone to failures in policy and courtrooms.
Quote:
"Trump has issued almost 140 executive orders, sparking over 100 lawsuits." ([01:37])
Democracy Forward's Role in Legal Resistance
Central to the episode is an in-depth conversation with Sky Perriman, President of Democracy Forward. Perriman recounts the organization's genesis in early 2017, formed in response to the Trump administration's initial actions such as the Muslim ban and efforts to undermine the popular vote count in the 2016 election. Recognizing a gap in legal resistance due to insufficient legal resources, Democracy Forward emerged to champion litigation against unlawful executive actions.
Quote:
"Democracy Forward was founded to meet that moment and to fill that gap." ([04:54])
Perriman details the organization's expansion under her leadership in 2021, particularly after the January 6th insurrection, emphasizing the ongoing threat to American democracy and the need for sustained legal challenges against autocratic tendencies.
Key Legal Battles Against the Trump Administration
The episode highlights several critical areas where Democracy Forward has concentrated its efforts:
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Executive Orders and Policy Overreach: Challenging actions such as funding freezes for federal programs, deportations lacking due process, mass firings authorized by DOGE, and the shutdown of Voice of America.
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Alien Enemies Act Cases: Perriman discusses the complex litigation surrounding the use of the Alien Enemies Act to deport individuals to prisons like El Salvador's CECOP, which poses severe risks to detainees' rights and due process.
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Data Privacy and Government Overreach: Cases involving attempts by figures like Elon Musk and Doge to exploit sensitive personal data held by agencies like the Social Security Administration.
Quote:
"The President of the United States and his federal agencies telling people that they could not say or act on certain concepts. That is a violation of the First Amendment of our Constitution." ([45:51])
The Power of the Courts
A significant portion of the discussion focuses on the pivotal role of the federal courts in checking the administration's power. Perriman emphasizes that despite claims to the contrary, the judiciary remains a crucial arena for defending constitutional rights. She asserts that "people do have power, but to utilize that power, they have to go to new places. And that place right now is the federal courts in this country." ([11:29])
The conversation underscores how judges across the political spectrum have consistently upheld the rule of law, issuing orders that challenge the administration's overreach and enforcing transparency and accountability.
Supreme Court Intervention in Alien Enemies Act Cases
Later in the episode, Dahlia Lithwick speaks with Mark Joseph Stern about a landmark Supreme Court order concerning the Alien Enemies Act cases. This unprecedented move saw the Court issue a per curiam decision overnight, halting the deportation of migrants from the Northern District of Texas to El Salvador. The order was notable not only for its speed but also for bypassing traditional Supreme Court protocols, such as waiting for dissenting opinions to be drafted.
Quote:
"It could absolutely be a faint or a fake out. Up until that moment, the government was acting in extraordinary bad faith." ([66:59])
Stern elaborates on the significance of the Court's action, suggesting that it signals a waning presumption of regularity in the administration's actions and highlights a potential shift in judicial attitudes toward executive overreach.
Impact and Future of Legal Resistance
The dialogue concludes with an exploration of the broader implications of these legal battles. Perriman expresses optimism that the current crisis presents an opportunity to catalyze meaningful change within the legal and democratic frameworks of the United States. She advocates for continued, organized legal resistance as a means to rebuild and strengthen constitutional protections.
Quote:
"There is an opportunity in crisis to build a catalyst for change." ([45:51])
Additionally, Perriman discusses the interconnectedness of various legal cases, emphasizing that actions in one area can have ripple effects across others, thereby reinforcing the collective effort to uphold democracy.
Conclusion
Dahlia Lithwick wraps up the episode by reaffirming the critical importance of legal resistance in safeguarding democracy against executive overreach. She acknowledges the fears and challenges faced by judges, lawyers, and advocates but underscores the resilience and determination of those fighting in the courts to protect constitutional rights. The episode serves as a comprehensive examination of the legal struggles during Trump's second term, highlighting both the obstacles and the victories achieved through persistent litigation.
Notable Quotes
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Sky Perriman: "People do have power, but to utilize that power, they have to go to new places. And that place right now is the federal courts in this country." ([11:29])
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Dahlia Lithwick: "We do not remove people from the country without process. You have a federal judge on the D.C. circuit pointing out that in World War II, this country gave people that were accused of being Nazis more process than this administration is seeking to give people just because of the color of their skin or where they perceive that they're from or what they perceive that they've been doing." ([22:57])
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Sky Perriman: "Democracy depends on a government that works for all people. And we are showing with our work that the courts are a really important function in ensuring that that's happening." ([15:57])
Final Thoughts
This episode of Amicus provides a compelling narrative of the ongoing legal battles that define the early days of Trump’s second term. Through insightful interviews and detailed analysis, Dahlia Lithwick and her guests illuminate the critical role of the judiciary and legal organizations like Democracy Forward in maintaining the balance of power and protecting democratic institutions.