Season 4, Episode 2 (Show 159): Section Three Goes to Washington

January 10, 2024

The Supreme Court has granted certiorari in Trump v. Anderson.  Akhil is writing an amicus brief.  We preview the brief briefly, and take the Justices one by one and discuss how the brief’s arguments may interact with their own judicial styles and temperaments.

CLE Credit Available for this episode.

The months of discussion of Section Three on Amarica’s Constitution now make their way to Washington, as cert has been granted in Trump v. Anderson.  Amicus briefs will pour in – including the brothers Amar’s brief.  We present some of the approach the brief will take, and we look at the nine Justices, taking account of their jurisprudential history and styles, and discuss how an intellectually honest brief-writer can make their best arguments even better by considering how their readers will read them, and what might be most useful to provide to those readers.  It’s not quite “handicapping” but it is insightful, as all America is wondering if this case might actually result in the removal of Donald Trump from Colorado’s primary ballot, and eventually possibly more states’ ballots as well.  It has come to this.

(LAWYERS AND JUDGES ARE ELIGIBLE FOR CONTINUING LEGAL EDUCATION CREDIT by visiting podcast.njsba.com after listening.)