Season 6, Episode 24 (Show 286): Unitary Duality – Guests Steven Calabresi and Vikram Amar
July 8, 2026
The Unitary executive theory took center stage in two cases at the end of the term; we bring you leading experts as we analyze the opinions and the state of the law.
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The Supreme Court ruled in two cases framing Unitary Executive theory. So it’s entirely appropriate that we have two great experts on the topic joining us. Steve Calabresi literally wrote the book on this theory, and perhaps it’s not surprising that he is more pure than the Court itself. Meanwhile, Vik Amar has seen his theories concerning non-delegation and Congressional lock-in come up again and again this term – and here we see it again; if the agencies were meant by Congress to preserve its role in exercising certain powers, how can it reclaim those powers when the independence of the agencies is eliminated? Meanwhile, Akhil, cited in the Slaughter case, reviews the originalism involved in the opinions, and puts the cases in an overall perspective of sorts. All in all, an impressive resource for you to draw on.
(LAWYERS AND JUDGES ARE ELIGIBLE FOR CONTINUING LEGAL EDUCATION CREDIT by visiting podcast.njsba.com after listening.)