Season 4, Episode 4 (Show 161): The Amicus Brief – Part Two

January 24, 2024

We continue to walk through the amicus brief by Vik and Akhil Amar in the Colorado/Section Three case.

CLE Credit Available for this episode.

The legal world is abuzz with the impending oral arguments in Trump v. Anderson in a couple of weeks.  In the forefront are the powerful arguments and compelling history that are introduced in the amicus brief from the Professors Amar.  We continue to delve into the principal lines of reasoning in the brief, and how they take the starch out for some of the tropes that were found in the media.  When you take the history one step at a time it is hard to escape the obvious parallels with the actions and inactions of ex-President Trump, and how they precisely align with the concerns the framers of the Fourteenth Amendment had that prompted them to advocate for and ultimately author, pass, and successfully ratify Section Three.  Will the Court see it this way?  Time will tell, but follow the discussion as we take you through it. 

(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.  See notes below on this.

Click to go to the website for CLE credit

Amicus Brief of Akhil Reed Amar and Vikram David Amar

The amicus curiae brief in Trump v. Anderson et al.

Read and/or Download

Note on recent erratum

In a recent episode discussing Section Three, Andy read what he stated was the text of Section Five of the Fourteenth Amendment.  Reading from the National Constitution Center’s “Interactive Constitution,” the claim was that Section Five said:

The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.

In fact, the correct text is:
The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
We regret the error.