Podcast Summary: Amicus With Dahlia Lithwick | Law, Justice, and the Courts

Episode Title: Trump’s Plan To Put A Chokehold On Voting
Release Date: March 29, 2025
Host: Dalia Lithwick
Guests: Wendy Weiser, Vice President for Democracy at the Brennan Center for Justice at NYU Law School; Mark Joseph Stern

Introduction to the Episode

Dalia Lithwick opens the episode by acknowledging recent tumultuous events involving the Trump administration's ongoing legal battles and aggressive tactics against the judiciary. The focus is set on Trump's executive order aimed at altering voting rights, with significant implications for American democracy.

Current Legal Battles and Judicial Resistance

Key Points:

• The Trump administration has been embroiled in continuous conflicts with lower federal courts.
• Specific focus on the rendition of Venezuelans to El Salvador without due process, invoking the Alien Enemies Act.
• Judges like Boasberg and panels including Judges Patricia Millett and Karen Henderson have been pivotal in resisting these efforts.

Notable Quotes:

• Wendy Weiser [04:37]: "The government has beclowned itself at every turn... extensive reporting showing that they got the wrong guys."
• Mark Joseph Stern [01:37]: "The only document that it clearly accepts under this to register to vote is a passport. So that is half of eligible American citizens could be disenfranchised with a stroke of a pen."

Discussion Highlights:

• Judge Boasberg's Rulings: Maintained a temporary restraining order against the administration's actions, deeming the invocation of the Alien Enemies Act likely unlawful.
• D.C. Circuit Panel: Judges Millett and Henderson sided against the government, reinforcing the necessity of due process and rebutting the administration's claims.

Quotes with Attribution:

• Judge Millett [07:36]: "Even the Nazis got better treatment under the Alien Enemies Act during and after World War II... these alleged gang members... got no such process."
• Wendy Weiser [09:49]: "The law does not allow this... exigent circumstances and national security are all window dressing around the fact that Trump is acting way beyond his statutory or constitutional authority."

Trump’s Executive Order on Voting Rights

Key Points:

• Title of EO: "Preserving and Protecting the Integrity of American Elections."
• Primary Concerns:
  • Attempts to require passports or citizenship documents for voter registration.
  • Pressure on states to adopt stringent voter ID requirements.
  • Decertification of current voting machines and overhaul of voting guidelines.
  • Collaboration with Elon Musk's Doge (DOGE) to access sensitive voter data.

Notable Quotes:

• Wendy Weiser [27:10]: "The president cannot rewrite laws passed by Congress... a terrifying look at the administration's plans to suppress the vote."
• Mark Joseph Stern [32:17]: "The executive order is an attempt in many respects to actually pass the SAVE act with the stroke of a presidential pen."

Discussion Highlights:

• Voter Suppression Measures: The EO aims to disenfranchise up to 21.3 million eligible voters by mandating stringent documentation for registration.
• Impact on Specific Demographics: Married women, people of color, rural voters, those with disabilities, and older voters are disproportionately affected.
• Economic and Logistical Implications: Decertifying voting machines would cost hundreds of millions and disrupt the electoral process significantly.

Quotes with Attribution:

• Mark Joseph Stern [34:35]: "It could block millions of eligible Americans from voting... especially harmful for married women."
• Wendy Weiser [40:09]: "Voter rolls contain sensitive personal information... potential for abuse and erosion of privacy."

Comparison with the SAVE Act

Key Points:

• The Executive Order mirrors the SAVE Act, a legislative proposal aiming to impose similar voter suppression measures.
• Both seek to implement stringent documentation requirements and restrict voting methods, exacerbating voter disenfranchisement.

Notable Quotes:

• Mark Joseph Stern [35:24]: "The executive order is an attempt in many respects to actually pass the SAVE act with the stroke of a presidential pen."
• Wendy Weiser [37:21]: "The SAVE act... would be the worst vote suppression bill that this Congress has passed in its history."

Discussion Highlights:

• Legislative Push: The SAVE Act is actively moving through Congress, supported by Republican priorities.
• Broader Implications: Extending the EO's effects, the SAVE Act would eliminate mail registration, voter registration drives, and online registration, further suppressing voter turnout.

Quotes with Attribution:

• Mark Joseph Stern [32:51]: "Millions of eligible Americans... particularly people of color and married women."
• Wendy Weiser [58:19]: "The SAVE act would be the worst vote suppression bill... it's actively moving right now."

Impacts on Election Integrity and Privacy

Key Points:

• Access to Voter Data: Collaboration with DOGE and Elon Musk could lead to unauthorized access to sensitive voter information.
• Decentralized Election System: Emphasizing the importance of state-controlled elections in preventing large-scale fraud and maintaining election integrity.
• Disruption of Voting Processes: Requiring physical presence for registration and strict documentation would hinder various demographics from voting, undermining democratic participation.

Notable Quotes:

• Mark Joseph Stern [40:09]: "This information could be used to suggest there's been widespread voter fraud or to interfere in trust in elections."
• Wendy Weiser [44:59]: "Our distributed system... create so many targets that it is very difficult for somebody to attack... nearly impossible the entire system."

Discussion Highlights:

• Privacy Concerns: Access to voter rolls by private entities poses significant risks to individual privacy and data security.
• Election Security: The decentralized system enhances security by distributing targets, making large-scale cyberattacks or fraud attempts more challenging.

Quotes with Attribution:

• Dalia Lithwick [44:11]: "Decentralized state-based election system... normal elections versus authoritarian takeovers."
• Wendy Weiser [56:16]: "Voters from all political parties are going to be damaged... Decreased trust in elections."

Legislative and Judicial Responses

Key Points:

• Judicial Pushback: Courts have consistently resisted the administration's attempts to manipulate election laws.
• Supreme Court's Role: The Justice Department has sought Supreme Court intervention, but skepticism remains about the Court's willingness to support the administration's agenda.
• Congressional Inaction: Despite the executive maneuvers, there is a need for Congressional intervention to safeguard voting rights effectively.

Notable Quotes:

• Mark Joseph Stern [17:44]: "The Supreme Court likely won't take up the government's invitation... they have given no reason to believe it's acting in good faith."
• Wendy Weiser [65:51]: "The fight is relentless... ensure that our elections are free and fair in the face of creeping authoritarianism."

Discussion Highlights:

• Supreme Court's Stance: Anticipation that justices like Roberts and Barrett may not support the administration's efforts, given the lack of good faith evidence.
• Need for Legislative Action: Emphasis on the necessity for Congress to enact stronger Voting Rights protections to counteract executive overreach.

Quotes with Attribution:

• Wendy Weiser [65:51]: "The SAVE act is not an election integrity bill... it is a vote suppression bill, pure and simple."
• Mark Joseph Stern [58:47]: "Attorney General directed coordination... threatening withholding of grants to states."

Broader Implications for Democracy and Rights

Key Points:

• Erosion of State Rights: The EO represents a significant federal intrusion into state-controlled election processes, undermining constitutional balances.
• Intersection with Other Rights: Voting suppression tactics are linked to broader attacks on privacy, representation, and democratic freedoms.
• Risk of Authoritarianism: Comparisons drawn between current actions and historical authoritarian regimes highlight the potential dangers to American democracy.

Notable Quotes:

• Wendy Weiser [56:16]: "Congress has placed protections... vote suppression bill... it is a vote suppression bill, pure and simple."
• Dalia Lithwick [67:56]: "Elections matter more than ever... don't take this fight for granted while our voting rights are under attack."

Discussion Highlights:

• Democracy at Risk: The measures threaten the foundational democratic principle that voting rights are essential for all other freedoms.
• Call to Action: Listeners are urged to actively participate in defending voting rights through voting, advocacy, and public engagement.

Quotes with Attribution:

• Mark Joseph Stern [70:36]: "It's a multi-pronged and multi-year election attack on the right to vote."
• Dalia Lithwick [75:08]: "Voting rights encroach on states' rights, congressional prerogatives, privacy, and more."

Conclusion

The episode underscores the gravity of the Trump administration's attempts to manipulate and suppress voting rights through executive actions and legislative proposals like the SAVE Act. With significant pushback from the judiciary and experts like Wendy Weiser, the discussion highlights the urgent need for legislative remedies and public mobilization to protect democratic integrity. The multifaceted approach of vote suppression poses profound threats to American democracy, necessitating immediate and sustained action from all stakeholders.

Final Quotes:

• Wendy Weiser [65:51]: "The first thing we need to do is stop, push back these very aggressive attacks on elections and on election integrity."
• Mark Joseph Stern [71:49]: "You still have power and you should be using it. Now is the time to be using it."

Additional Resources:

• For more in-depth analysis and bonus content, listeners are encouraged to join Slate Plus: slate.com/amicusplus

This summary provides an overview of the key discussions and insights from the episode, ensuring that listeners grasp the critical issues surrounding Trump's executive efforts to alter voting laws and the broader implications for American democracy.