We Narrowly Avoided a Huge Blow to the Constitution (with Mark Joseph Stern) - Amicus With Dahlia Lithwick

[In It to Win It]

It was a weird and wild ride as the Supreme Court handed down the last decisions of the term that started all the way back in October of 2025. We were so much younger then. After 58 argued cases and a steady, sneaky stream of shadow docket orders, the court issued its final four decisions Tuesday, and one justice was retired and unretired in short, confusing order.

The headline win: The court upheld birthright citizenship, but only by a 5-4 vote on the constitutional question, far closer than expected, and a sign of just how willing four justices are to rewrite the 14th Amendment to suit Donald Trump's wishes. Justice Brett Kavanaugh tried to split the baby, and Dahlia and Mark explain why his approach is more alarming than it first appears.

The news doesn't get better from there. The court ruled against transgender student athletes in cases out of Idaho and West Virginia, with Kavanaugh writing for the majority and Justice Neil Gorsuch offering an unconvincing retreat from his brief moment, post-Bostock, as an LGBTQ rights ally. The court also gutted limits on coordinated spending between political parties and candidates, opening new doors for even more big money in elections.

Plus: the strange saga of Justice Alito's accidentally announced "retirement," what it reveals about the court's obsession with secrecy, and a first look at next term's blockbuster Second Amendment case on assault weapons.