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

Episode: When Trump Hits New Jersey, This Lawyer Hits Back
Date: August 16, 2025
Host: Mark Joseph Stern (for this episode)
Guest: Matthew Platkin, Attorney General of New Jersey

Overview

This episode centers on Attorney General Matthew Platkin’s fierce legal resistance against the policies and power grabs of Donald Trump’s second presidential term. The conversation explores how Platkin and his peers have become critical defenders of constitutional norms—protecting both their own states and national democratic institutions at a time when many organizations, law firms, and even Congress have capitulated to unprecedented White House overreach. Platkin discusses lawsuits ranging from the fight for birthright citizenship to gun safety, the strategic challenges posed by an emboldened executive branch, and the moral obligations facing the legal profession.

Key Topics & Discussion Points

1. The Immediate Response to Trump’s Second Term

(03:27–06:51)

• Upon Trump’s re-election, Platkin’s office rapidly assembled, building on preparation throughout 2024 and the Project 2025 document—taking Trump’s promises seriously and planning legal strategies in advance.
• Key principle: “The lesson is he does what he says he’s going to do, and we have to be prepared for that.” (Platkin, 06:36)

Notable Quote

“We are in a test right now. We're in a test as a nation and I think we're in a test as a profession and the only way we get through it is by believing that we can have an impact.”
— Matthew Platkin (01:17)

2. Gun Safety & Machine Gun Litigation

(06:51–11:54)

• Platkin challenges a Trump administration attempt to “legalize machine guns” via forced reset triggers, which could convert firearms to fire 900 rounds per minute.

• Result: Swift legal action stopped New Jersey from being flooded with these devices.

• Platkin:

  “There's a great irony here that this law and order administration, I think, has been the most anti public safety, anti law enforcement administration in modern American history.” (07:14)

• Strategic question underpinning such lawsuits: Are Trump’s policies (1) illegal, and (2) harmful to New Jersey residents?

3. Birthright Citizenship and Immediate Legal Pushback

(11:54–15:17)

• Trump's executive order (Day 1) attempted to end birthright citizenship; New Jersey led coalition lawsuits within hours.
• Platkin emphasized the legal and human chaos this would create for entire communities and states.
• Platkin:

  “The President attempted for the first time since the Civil War to rewrite the 14th Amendment in a way that said babies born on US soil were not entitled to citizenship.” (12:54)

4. Defending State Sovereignty & Rights

(15:17–19:27)

• Platkin highlights how the administration disregards federalism, citing federal encroachment on state powers (e.g., National Guard in Los Angeles, threats to reproductive and LGBTQ rights).
• New Jersey’s robust civil rights and anti-discrimination statutes are defended and enforced vigorously by Platkin’s office, especially as federal enforcement recedes.
• Platkin:

  “Our state laws, our state Constitution, provides protections, and those protections are clear.” (16:27)

5. Abortion Access and State Authority

(19:27–21:11)

• Post-Dobbs, New Jersey has codified abortion rights, with state agents now solely responsible for enforcement as federal protections have been rolled back.
• Platkin’s office is proactive against interference, offering legal guidance to doctors and protecting provider/patient data.

6. Congressional Abdication and State AGs as Defenders of Constitutional Balance

(22:40–28:39)

• With Congress abdicating oversight and funding power, state AGs have stepped in—suing when the Trump administration cancels or freezes Congress-appropriated funds via novel legal interpretations (“convenience clause” controversy).
• Democrat-led coalitions have protected billions in state funding; red state AGs, by contrast, often sit out, prioritizing partisan alignment over their residents’ welfare.
• Platkin:

  “It's been states...a coalition of Democratic attorneys general...that have stood up and said, ‘no, no, no, the President can't wake up one morning and say...He can't just decide and not give it to us because he woke up on the wrong side of the bed.’” (23:43)

7. The Limits of Nationwide Injunctions Post-SCOTUS

(28:39–33:10)

• New legal doctrine after Trump v. CASA restricts nationwide injunctions—meaning blue states may restore federal funding or protections for themselves but leave residents of red states exposed to harm.
• Platkin is surprised and disappointed that Republican AGs won’t join bipartisan efforts to defend their constituents.
• Platkin:

  “If I wasn't filing these suits or I wasn't standing up...I actually think I wouldn't be doing my job.” (31:05)

8. The Role of an Attorney General: Not Political, but Legal

(30:26–34:07)

• Platkin underscores his role as law enforcer, not legislator. He sues only when there is clear illegality and harm, regardless of party in power.
• He stresses consistency and duty above all.
• Platkin:

  “People can fairly question whether I’m right about what is in the best interest of the people or whether I’m right on the legal analysis. But...I do think the law is broken and I do think it harms the residents. So I’m going to stand up for it.” (33:10)

9. Widespread Capitulation by Law Firms and Institutions

(37:27–42:24)

• Platkin laments many law firms and institutions yielding to Trump’s pressures, often out of fear or short-term interests.
• He admires the few that have fought back (Jenner, Woolmer, Perkins Coie, Sussman), calling for a reckoning in the legal profession.
• Platkin:

  “The idea that you could be punished professionally for doing your ethical obligation of zealously advocating for your client's interests is, frankly, bone chilling. Because if people can't access the courts...then we don't live in a democracy.” (38:02)

10. How to Stop the Capitulation & The Need for Public Action

(42:24–45:18)

• Platkin emphasizes collective action and the need for the public to demand fidelity to constitutional norms and institutional independence.
• Platkin:

  “These constitutional principles are just...a series of norms that we as a nation said are so important we’re going to put down on paper. And in order for them to mean something, the public is going to have to show that they care.” (43:02)

11. Legal Strategy in a Hostile Judicial Environment

(45:18–48:45)

• Platkin addresses the tension of winning in lower courts, only to face setbacks at the Supreme Court.
• He highlights strategic litigation, selecting only righteous, winnable cases, and credits his staff’s relentless work.
• Even as the law seems increasingly politicized from above, states’ litigation (led by a dedicated team) has often succeeded.

12. Maintaining Resolve Under Setbacks

(47:38–51:56)

• Platkin maintains optimism by situating current challenges within the broader arc of American history—echoing figures like Pam Karlan and referencing historical periods of deep national crisis.
• Platkin:

  “In life, you don't really know when you're being tested...The only way we get through it is by believing that we can have an impact and that we can keep doing things that slowly but surely get us through that period.” (48:45, echoing 01:17)

Notable Quotes by Timestamp

• On the “test” the nation and legal profession faces:

  “We are in a test right now. We're in a test as a nation and I think we're in a test as a profession…”
  — Matthew Platkin (01:17, repeated 48:45)

• On Trump’s transparency and the AG’s duty:

  “I think you have to give the Trump administration and his team some credit because they were remarkably transparent about what they would do... What he does not have the power to do is to violate the law and hurt people, including people in my state. And that is when I have an obligation to step up.”
  — Matthew Platkin (05:03)

• On the crisis in law and the role of law firms:

  “The idea that you could be punished professionally for doing your ethical obligation of zealously advocating for your client's interests is, frankly, bone chilling.”
  — Matthew Platkin (38:02)

• On blame and action:

  “I couldn't sleep at night” if I didn’t sue an administration hurting New Jerseyans, regardless of party.
  — Matthew Platkin (29:12)

• On continuing the fight:

  “These things we're fighting for, the rule of law, which can seem abstract, the principles that this nation's founded on, they're really important. And we have fought for them for two and a half centuries. And throughout periods in American history, it has seemed pretty bleak.”
  — Matthew Platkin (48:45)

Key Takeaways

• Platkin sees his legal resistance not as partisan but as the essential work of protecting both state residents and democracy.
• Successful litigation depends on strategic focus—addressing only clear, concrete unlawful harms, and deploying rapid response teams to anticipate federal overreach.
• He is critical of other attorneys general, law firms, and institutions for their reluctance to oppose Trump’s excesses, warning of lasting damage to legal and democratic norms.
• Despite Supreme Court setbacks and a hostile federal environment, Platkin remains resolute, drawing inspiration from previous eras of American crisis and the enduring nature of the rule of law.

Additional Resources

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