Season 2, Episode 25 (Show 77): The Real Steal, Part Two – Special Guest Vikram D. Amar

June 22, 2022

Having identified the threat of the so-called “Independent State Legislature” theory in Part 1 of this series, Akhil is joined by his brother and co-author, Dean Vikram Amar, as they explain step by step why ISL theory is legal hogwash. In this episode, history, law, and practice come together to begin this work.

This episode presents Part 2 of our series on the grave threat that “Independent State Legislature” theory presents to the Republic, and why it is completely, irrefutably wrong.  We welcome Dean Vikram Amar, who co-authored with Akhil their current article, about to be published in Supreme Court Review, which is already widely cited in the media and in forthcoming articles by other scholars.  This article attempts to put to rest ISL theory by showing how it is wrong from every conceivable angle of analysis.  We take up that analysis, beginning with the text, history, and structure of the Constitution, and then through an ingenious analysis of actual practice.  We have been saying that this issue is coming, and by all accounts, it’s here. 

Show Notes:

How and Why Justice Breyer (and Other Justices) Should Weigh in on the ISL Notion Before Breyer Retires - Justia

Vik Amar authored a series of articles in Justia on ISL theory; this article followed that series, wherein he discusses the need for Justice Breyer, who disagreed with ISL theory in Bush v. Gore (as part of that Court), to get his views out there while he is still on the bench.

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Concluding Thoughts on the Invocation of the ISL Theory in the North Carolina Emergency Relief Application at the Supreme Court - Justia

The last in the series of articles by Vik Amar on ISL theory – particularly relevant as the Supreme Court considers hearing the North Carolina case on this topic.  You can also access the rest of this series.

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Show notes from Episode 76

Consult the show notes below, from episode 76, for the forthcoming article in Supreme Court Review by the brothers Amar, and the important NY Times article by Adam Liptak.