Bondi, Birthright & Conversion Therapy (with Dahlia Lithwick)

In this episode of Stay Tuned with Preet, host Preet Bharara is joined by Dahlia Lithwick, senior editor at Slate and co-host of the Amicus podcast, to discuss two major Supreme Court issues: the controversial conversion therapy case from Colorado and the broader implications for birthright citizenship. The conversation centers on a 8-1 Supreme Court decision where Justice Ketanji Brown Jackson stands alone in dissent, arguing that the Court’s ruling in favor of a therapist’s First Amendment right to promote conversion therapy—despite its recognized harm—sets a dangerous precedent for vulnerable populations, particularly LGBTQ+ youth. The panel explores how the Court’s expansive interpretation of free speech, especially in professional contexts, undermines regulatory authority over licensed practitioners and could erode protections in medical, legal, and ethical domains. They contrast this with historical precedents like compelled speech in abortion counseling and professional licensing rules, emphasizing that not all speech is equally protected—especially when it comes to licensed professionals. The discussion also draws connections to the Court’s recent 6-3 decision upholding state bans on gender-affirming care for minors, framing both cases as part of a broader judicial trend targeting LGBTQ+ rights and medical autonomy. The hosts express concern that the Court’s approach prioritizes speech over well-being, especially for minors, and question whether the remedy of future malpractice lawsuits is sufficient when harm is already done.