Season 5, Episode 3 (Show 211): Looking Forward, Looking Back

January 15, 2025

What does a Trump administration with a Republican Congress and a conservative Supreme Court mean for the next few years? We start to tackle this by looking back and projecting the arrow into the future, beginning with Dobbs and abortion then, now, and later.

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

As Inauguration Day approaches, anxiety and uncertainty, even dread, mixes with the optimism of some in the American polity. Many express a mix of apathy, weariness, or hopelessness, with a sentiment akin to “wake me in four years.” What would they find when awakened?  We begin to take a look ahead, in part by looking behind and evaluating how our own earlier prognostications have turned out.  We start with abortion and the Dobbs case, as it loomed large in recent years and clearly continues to reverberate and feeds resentment on one side, activism on the other.  What lies ahead for the law, the Court, and the people? 

(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

Dobbs v. Jackson Women's Health (2022)

The Supreme Court overturns what remained of Roe v. Wade in this 2022 decision; the opinion looms large over the abortion landscape, and over our discussions in this podcast.

Read and/or Download

What the Same-Sex Marriage Opinion Should Have Said (and Almost Did) - Akhil Amar

Professor Amar writes in Slate soon after the Obergefell v. Hodges opinion, offering a more precise Constitutional formulation that we discuss in this podcast; has the Court and the Country moved towards this view?

Read and/or Download

America's Unwritten Constitution Chapter 10 - Akhil Amar

Professor Amar analyzes the Constitutional provisions that encourage and protect the two-party system in this chapter, “Joining the Party,” from his book, America’s Unwritten Constitution.

Read and/or Download
Submit a Question for Professor Amar
Subscribe to “Amarica’s Constitution” by clicking “Subscribe” or “Follow” after selecting your preferred podcast app below.

Subscribe to Podcast

Apple PodcastsSpotifyTuneInRSSMore Subscribe Options