Season 6, Episode 38 (Show 300): Friends Reunited, Citizens Divided – with Justice Stephen Breyer

October 21, 2026

Professor Amar debates the Citizens United v. FEC case with retired Justice Stephen Breyer at the James Otis Lecture.

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

At the James Otis Lecture at Faneuil Hall in Boston, Professor Amar sat on a panel with (retired) Justice Stephen Breyer, Sarah Isgur, and the moderator, Chris Duggan.  Remarkably, the Justice and the Professor engaged in a debate on a case Justice Breyer sat on:  the sometimes-notorious Citizens United v. FEC from 2010.  Rarely does one have the opportunity to hear a Justice defend their opinion against arguments after the fact, but there is nothing unethical about it, and now you can enjoy and learn from it.  Surely there is more to say and we hope to do so in the future, but here is a real treat as Amarica’s Constitution turns 300 episodes old (though the celebration will have to wait).

(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

Citizens United Inc. v FEC (2010)

The case from 2010 which forms the subject of today’s debate, arising out of a campaign finance bill known as McCain-Feingold.

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