Season 4, Episode 14 (Show 171): No Standing Any Time

April 3, 2024

The Court’s oral arguments in the mifepristone case seemed to turn on standing issues.  Learn all about standing from Professor Amar – and lots more.

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

The Supreme Court heard the case on the legality of FDA regulation of Mifepristone.   Issues of standing seemed to dominate, so Professor Amar treats us to a master class on standing – in this case, and its recent evolution.  He also suggests that at least one Justice might benefit by attending.  In a wide-ranging episode, we also share excitement and some new scholarly insights that emerged from the recent EverScholar program led by Akhil and others; and the Trump gag order gives rise to some musings as well.  There’s a lot for everyone in this episode, including CLE.

(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

FDA v. Alliance for Hippocratic Medicine - Transcript of Oral Argument

The entire oral argument transcript in the Mifepristone case.

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What's Standing After Lujan? - Professor Cass Sunstein

Professor Sunstein writes an important article on standing in the 1992 Michigan Law Review, following the notorious opinion in the Lujan case.

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Conservatives Don’t Have a Monopoly on Originalism - The New Republic

Simon Lazarus writes in The New Republic this month on originalism, with an interesting set of quotes from Professor Sunstein referencing Professor Amar’s approach.

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