Season 4, Episode 5 (Show 162): A Self-Executing Gaffe

January 31, 2024

Professor Amar debates former Attorney General Michael Mukasey at the Harvard Law School, and takes issue with a major point from Mukasey’s amicus brief in the Trump v. Anderson case.

CLE Credit Available for this episode.

Oral arguments are approaching in the Trump v. Anderson case, and the nation is talking about little else.  At the Harvard Law School, Professor Amar is invited to debate a former US Attorney General and Federal Judge, Michael Mukasey, who also submitted an amicus brief in the case together with Bill Barr and Ed Meese, among others.  We analyze the debate – and the brief.  And in that brief, Akhil identifies what he considers to be an egregious error, which is telling not only in its fatal weakening of the particular argument, but in the way it calls into question the entirety of their brief, and how it points the way to needed reforms in the legal ecosystem as a whole.  This is an indispensable episode. 

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

Show Notes:

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