Season 4, Episode 34 (Show 191): Circuit of Shame

August 21, 2024

The Fifth Circuit, already notorious, had a remarkable record of reversal by the Supreme  Court, complete with harsh rhetoric, in the last term. We explore that as well as circuit-supreme relations in general – and more.

CLE Credit Available for this episode from podcast.njsba.com.

The United States Court of Appeals for the Fifth Circuit has been overruled by the Supreme Court more often, and more forcefully, than any other circuit during the past term.  Why?  What are the consequences for the judges of the Fifth Circuit, if any?  Is this a problem for our judicial system, and if so, are there any remedies available?  Listeners to Amarica’s Constitution will not be surprised to learn that Professor Amar has some ideas on this topic.  He also grounds the problems and the solutions in history and structure, and lest one think this is a partisan attack on a conservative court, he tells of his past criticism of the then-ultra-liberal ninth circuit for analogous behavior. 

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

Show Notes:

How to get Continuing Legal Education Credit for listening!

Virtually all lawyers and judges admitted to practice anywhere in the USA can obtain CLE (Continuing Legal Education) credit after listening to this episode by visiting podcast.njsba.com.  You do not have to be a New Jersey lawyer or resident or admitted to the NJ Bar; essentially every state has reciprocity arrangements with New Jersey.  When you visit the site you fill out a form and provide the code Andy read during the episode, pay a small fee, and within two weeks you will receive the certificate from New Jersey.  It couldn’t be easier.  Thanks to the New Jersey Bar Association for making this possible!  Note, too, that other podcast episodes from our “back catalog” now qualify for this credit as well.

Click to go to the website for CLE credit

Indirect Effects of Direct Election - Vik Amar

Professor Vikram Amar writes in the Vanderbilt Law Review on questions of delegation and non-delegation in this 1996 article, Indirect Effects of Direct Election: A Structural Examination of the Seventeenth Amendment.

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