Episode 28: Architects May Come

July 14, 2021

Our “realistic” look at the Supreme Court Justices continues with Justices Alito, Sotomayor, and Kagan.

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We continue our Supreme Court series as the term comes to a close.  Akhil profiles the “middle three” Justices:  Alito, Sotomayor, and Kagan.  Their backgrounds, their finest, and their not-so-finest moments are described and analyzed.  If a Justice seems destined to spend decades in dissent, can she leave a legacy?  We look at some who did.  Lots of law, lots of cases in this episode for SCOTUS/con-law nerds.

Show Notes:

A history of the Second Amendment in two paintings

“A history of the Second Amendment in two paintings,” by Ezra Klein.  Professor Amar presents a visual incarnation of his argument on how Second Amendment understandings are changed by the Civil War and the Reconstruction Amendments. Washington Post, December 15, 2012.

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Mcdonald Et Al. V. City Of Chicago, Illinois, Et Al.

McDonald Et Al v. City of Chicago, Illinois, Et Al, 561 U.S. 742, (2010).  Akhil chooses this as Justice’s Alito’s finest opinion, even though the policy outcome is not to the liking of your hosts.

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Schuette vs. BAMN (2014)

Schuette, Attorney General Of Michigan V. Coalition To Defend Affirmative Action, Integration And Immigration Rights And Fight For Equality By Any Means Necessary (Bamn) Et Al. , 572 U.S. 291 (2014).  Justice Sotomayor issues a passionate dissent which provokes a pointed response from Chief Justice Roberts.  The back-and-forth has some history to it, which Akhil details in the podcast.

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Utah v. Strieff

Utah v. Streiff (2016), an exclusionary rule case wherein Justice Sotomayor dissents, joined by Justice Ginsburg.  Another passionate exposition in dissent.

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Arizona Free Enterprise Club v. Bennett

Arizona Free Enterprise Club’s Freedom Club Pac Et Al. V. Bennett, Secretary Of State Of Arizona, Et Al. (2011)  Justice Kagan writes a dissent in her first year on the bench which Akhil considers the finest opinion written in the first year of a Justice’s tenure (a distinction previously held by Justice Breyer, in Prof. Amar’s judgment).

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Simon and Garfunkel provide our episode’s title