Season 5, Episode 13 (Show 221): Wisdom From Breyer To Pryor – Special Guest Judge William Pryor
March 27, 2025
Judge William Pryor, Chief Judge of the 11th Circuit, joins us for a wide ranging conversation in two appearances, on the life, work, and tales of a prominent judge.
CLE Credit Available for this episode from podcast.njsba.com.
We’re a bit late this week, because following our recent conversation with Justice Breyer, we had the opportunity to speak at length with Judge William Pryor, Chief Judge of the United States Court of Appeals for the 11th Circuit, former Alabama Attorney General, and an important member of the Judicial Conference the “national policymaking body for the federal courts.” Judge Pryor has had a colorful career, having effectively prosecuted another judge for misconduct, had a contentious confirmation hearing, clerked for a titan among judges in Judge Wisdom, and served at the highest level short of the Supreme Court for many years. We discuss a wide range of matters from judicial safety, to the importance of following Court orders, to enforcing civil rights laws, and much more. The discussion took place in two parts; with an audience of undergraduates, and then with an audience of Yale Law School students, many from the Federalist Society chapter at Yale; this produced a great variety of topics. We also have timely information on a new EverScholar program where registration is about to open; be among the first to know about this!
(LAWYERS AND JUDGES ARE ELIGIBLE FOR CONTINUING LEGAL EDUCATION CREDIT by visiting podcast.njsba.com after listening.)
Show Notes:
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Season 5, Episode 12 (Show 220): The Shelter From The Storm – Special Guest Hampton Dellinger
March 19, 2025
Hampton Dellinger, until recently the Special Counsel of the United States, joins us to discuss his story, the work of the special counsel, and his thinking when upon his firing, he took President Trump to Court, having initial sucess before he ultimately dropped his case.
CLE Credit Available for this episode from podcast.njsba.com.
President Trump has been firing various Federal officials, many of whom serve pursuant to statutes that claim to provide protection against firing without cause. One of the most prominent, Hampton Dellinger, who served as Special Counsel of the United States, took the President to Court, winning at the Federal District Court before losing on appeal. Why did he sue? Why did he drop his case? What are the implications for the other firings being contested, and what does it mean for the office of the Special Counsel itself? The Special Counsel is a haven for whistleblowers; does that, along with the statutes’ clear intent, offer him any protection? The Special Counsel also enforces the Hatch Act; we explain many of the ins and outs of that statute and how the history of the civil service is integral to understanding it. Finally, Hampton Dellinger comes from a most distinguished family, and there are some stories to tell on that score.
(LAWYERS AND JUDGES ARE ELIGIBLE FOR CONTINUING LEGAL EDUCATION CREDIT by visiting podcast.njsba.com after listening.)
Show Notes:
It’s available for pre-order now, and Professor Amar would be thrilled if you obliged.
Season 5, Episode 11 (Show 219): Marbury then, Mayhem now
March 12, 2025
As we probe the issues of the day, we somehow make our way back to an iconic case of the founding era, Marbury v. Madison, but not for the reasons you may think. Professor Amar shows how Marbury is surprisingly relevant and may find its way into Supreme Court briefs and arguments before you know it.
CLE Credit Available for this episode from podcast.njsba.com.
Our recent episodes on constitutional questions such as the unitary executive have looked at founding history, but less so the cases of the founding period. In this episode we take a look at one of the most famous cases of all, Marbury v. Madison. But this isn’t primarily a look at judicial review, but instead Marbury reveals itself, in Professor Amar’s hands, as a key administrative law case, with surprising relevance for, among other things, questions of presidential transition and unitary executive theory. How did a change of party in the White House lead to tension with an unpredictable, even rash, president? The answers will surprise you, and may be further explored in briefs in the Supreme Court case that is sure to come before long.
(LAWYERS AND JUDGES ARE ELIGIBLE FOR CONTINUING LEGAL EDUCATION CREDIT by visiting podcast.njsba.com after listening.)
Show Notes:
Sir John Fielding
The “Blind Beak” of Bow Street, as depicted in a work currently found in the National Portrait Gallery, London, and discussed in this episode.
It’s available for pre-order now, and Professor Amar would be thrilled if you obliged.
Season 5, Episode 10 (Show 218): Sinking the Unitary Executive – Special Guest Steven G. Calabresi
March 5, 2025
Professor Calabresi returns for more discussion on the Unitary Executive theory; this time, with Akhil pushing back with a variety of pointed challenges, and some originalist history and arguments.
CLE Credit Available for this episode from podcast.njsba.com.
President Trump continues to wield the ax in a manner consistent with Unitary Executive theory. The question is, is it also consistent with the Constitution, and with the various statutes on the books that are at odds with that theory? Professor Calabresi returns for more discussion of this crucial question; in this episode, Akhil is pressing a number of challenges to the theory. Among these is an important example from the early Republic, which indeed followed soon after the Decision of 1789, which is so heavily relied upon by proponents of the unitary executive. History, text, structure – all come together in a lively debate.
(LAWYERS AND JUDGES ARE ELIGIBLE FOR CONTINUING LEGAL EDUCATION CREDIT by visiting podcast.njsba.com after listening.)
Show Notes:
Season 5, Episode 9 (Show 217): Across the Aisle – Special Guest Steven G. Calabresi
February 26, 2025
We welcome Professor Steven Calabresi, who at a time of uncertainty tells us of another day through a new biography; takes issue with our current president on an important issue; and presents arguments on yet another question which put him on the other side from Professor Amar.
CLE Credit Available for this episode from podcast.njsba.com.
We are joined by Professor Steven Calabresi, the co-founder and co-president of the Federalist Society, for three big topics. First, he offers insights for this fraught moment in our history with a new book on a key figure from an earlier era. Second, he offers analysis which places him on the other side from our current president on an important constitutional issue of the day. And third, he and Professor Amar explore aspects of unitary executive theory, where they find themselves diverging on key cases that have profound implications for many of the more controversial actions of the new administration. All in all, it adds up to something you don’t see that often these days: a prominent conservative and a scholar often on the side of the Democrats having civil discussion and finding common ground as well as principled disagreement. Professor Calabresi speaks for himself in this podcast, and not on behalf of the Federalist Society.
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Show Notes:
Season 5, Episode 8 (Show 216): Impounding Impoundments – Special Guest Josh Chafetz
February 19, 2025
President Trump has ordered the government to refrain from spending money Congress has apportioned. Is that unconstitutional? We bring you a leading expert, Professor Josh Chafetz, to discuss.
CLE Credit Available for this episode from podcast.njsba.com.
A Federal District Court has temporarily halted an executive order from President Trump that purports to halt wide swaths of federal spending. This impoundment of funds duly appropriated by Congress may violate the Constitution as well as federal statutes. We bring an expert on the relationship between Congress and the Presidency, Professor Josh Chafetz, and he takes us back to 17th century and Britain, through the American founding, into the early republic, and indeed into the presidency of Richard Nixon to give a full historical and originalist background. But there’s more, with modern statutes, Supreme Court cases, structural analysis – in short, everything. And for good measure, we dive a little deeper into some statements by Vice President Vance which seem to suggest that he thinks the President is not bound by the Supreme Court’s decisions and orders. Professor Amar appeared on CNN to discuss this, and now he expands on those comments. Lots of depth in this episode.
(LAWYERS AND JUDGES ARE ELIGIBLE FOR CONTINUING LEGAL EDUCATION CREDIT by visiting podcast.njsba.com after listening.)