Season 6, Episode 33 (Show 295): More Statesmanship, and State Constitutions – Special Guests Steven B. Smith and Vikram D. Amar
September 9, 2026
The Missouri legislature is taking on its state constitution’s referendum position, and Vik Amar, the expert, joins us on that. Steven Smith is back for more of On Statesmanship.
CLE Credit Available for this episode from podcast.njsba.com.
The big issue in the news today is the Missouri legislature’s attempt to avoid the state constitution’s referendum provisions in order to impose a legislative map that would advantage Republicans to the tune of all but one of the state’s seats in the US House. The Supreme Court is asked to intervene, and Justice Kavanaugh – after we taped – declined to do so. This may not be end of the story, but our guest Vik Amar is on top of it together with Akhil. Listen to get the details, and check out Scotusblog.com to stay updated – Akhil and Vik have a new column there. Meanwhile, our interview with Professor Steven Smith discussing his new book, On Statesmanship, precedes this discussion this week – don’t miss that, either!
(LAWYERS AND JUDGES ARE ELIGIBLE FOR CONTINUING LEGAL EDUCATION CREDIT by visiting podcast.njsba.com after listening.)
Show Notes:
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Season 6, Episode 32 (Show 294): The Statesman’s Constitution – Special Guest Steven B. Smith
September 2, 2026
Professor Steven B. Smith joins Amarica’s Constitution to discuss his new book, On Statesmanship, and the fascinating way the concept of the statesman interfaces with the Constitution’s great themes.
CLE Credit Available for this episode from podcast.njsba.com.
Originalists venerate the Founders, who were by most reckonings a group of remarkable statesmen. Today, many Americans look seemingly in vain for a statesman worthy of the moment and its challenges. But what is a statesman? Does the U.S. Constitution assume a statesman will be at the helm? Does it enable such a leader, or is it designed to thwart the designs of what Lincoln called the “towering genius?” Acclaimed author and scholar Steven B. Smith joins us from Yale on the occasion of publication of his new book, On Statesmanship, in the first of two fascinating segments on many aspects of this many-faceted concept. And, Andy and Akhil take a look at an important law emerging from the California legislature and awaiting the governor’s signature.
(LAWYERS AND JUDGES ARE ELIGIBLE FOR CONTINUING LEGAL EDUCATION CREDIT by visiting podcast.njsba.com after listening.)
Show Notes:
Season 6, Episode 31 (Show 293): An Amendment Like Some Others – Special Guest Vikram D. Amar
August 26, 2026
A circuit split has developed, and the Supreme Court may consider a 26th amendment case for the first time. Professor Vikram Amar joins us to identify the issues and to look ahead.
CLE Credit Available for this episode from podcast.njsba.com.
Voting rights are in the news. The state and federal governments have sought to weigh in and intervene on election laws, as we have seen in previous cycles. This time, a number of states have passed laws that address mail-in or absentee voting, but in doing so, what seems on its surface to be addressing some needs of seniors may in fact be more constitutionally questionable than first meets the eye. And in so doing, the states are implicating the 26th amendment. A circuit split has developed and as a result, the Supreme Court may get involved and this modern amendment may get its first case before the court. We bring in the expert on such things: Professor Vik Amar, who has already published a new article on these questions in recent days. The “brothers-in-law” are at it again, and we are all the beneficiaries.
(LAWYERS AND JUDGES ARE ELIGIBLE FOR CONTINUING LEGAL EDUCATION CREDIT by visiting podcast.njsba.com after listening.)
Show Notes:
Season 6, Episode 30 (Show 292): Preclearing the President
August 19, 2026
The President keeps hammering away at some of his favorite themes, including tariffs and birthright citizenship. Does he pay a price for that?
CLE Credit Available for this episode from podcast.njsba.com.
What happens when the president loses in court, even at the Supreme Court, but repeatedly attempts to fight the battle again? New tariffs are offered after the old ones are thrown out. Birthright citizenship, resoundingly affirmed, is challenged anew. To Americans who lived in the South after Brown v. Board, this might sound familiar. And indeed, as we wrap up our Roberts court constitutional survey, and we arrive at the cases we take great issue with, this theme echoes back to the Shelby County case. We therefore discuss a question that has rankled many Americans in recent years.
(LAWYERS AND JUDGES ARE ELIGIBLE FOR CONTINUING LEGAL EDUCATION CREDIT by visiting podcast.njsba.com after listening.)
Show Notes:
Season 6, Episode 29 (Show 291): There You Go Again
August 12, 2026
Executive orders from the President seek to undermine or misinterpret Trump v. Barbara; reviewing the Roberts Court cases takes us to affirmative action.
CLE Credit Available for this episode from podcast.njsba.com.
The President did not file for reconsideration of the Court’s decision in Trump v. Barbara, but the President nevertheless doesn’t let the Constitution rest, issuing two new executive orders that purport to extend the set of persons not receiving birthright citizenship upon their birth, among other things. We take a look. Meanwhile, our review of the Roberts Court’s important constitutional cases brings us back to the Affirmative Action cases, and we take a look at them three years in. Finally, another listener question takes us to yet another corner of the constitutional canon – and Akhil is ready even without advance notice.
(LAWYERS AND JUDGES ARE ELIGIBLE FOR CONTINUING LEGAL EDUCATION CREDIT by visiting podcast.njsba.com after listening.)
Show Notes:
Season 6, Episode 28 (Show 290): Dobbs and Bruen Plus Time
August 5, 2026
Our review of the Roberts Court’s important constitutional cases has arrived at two of the biggest: Dobbs and Bruen.
CLE Credit Available for this episode from podcast.njsba.com.
As we make our way through the 20 most constitutionally significant cases of the Roberts court, this episode takes us through two cases that have continued to have resonance with the American people and with the justices. Dobbs saw an infamous leak, a momentous decision, powerful electoral impact, and ongoing questions that echo back to an important limiting concurrence. Bruen brought a controversial methodology to questions of gun rights, caused mayhem at the lower courts, and spawned a number of subsequent cases that seek to clarify and perhaps recover from this sweeping opinion. We take you back – and forward – as we examine these cases on our way to an overall accounting of the Roberts Court.
(LAWYERS AND JUDGES ARE ELIGIBLE FOR CONTINUING LEGAL EDUCATION CREDIT by visiting podcast.njsba.com after listening.)