THIS WEEK, CLE CREDIT WILL BE AVAILABLE AFTER MONDAY, FEBRUARY 12.  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.

Once more we make our amicus brief available, with its arguments on, among other matters, self-execution, U.S. Grant, and the “fifty state solution.”

Professors Akhil and Vik Amar’s now-classic article on the deeply flawed Presidential Succession Act, which is both used and misused in the current quixotic debate on the President and the Presidency as an officer and an office, respectively.

The blog post by Professor Amar’s research team, Yale Law Students: Arshan Barzani, Samarth Desai, Jacob Hutt, and Jordan Kei-Rahn.  They respond to Professor Kurt Lash’s claims with a flurry of evidence and argument.

This act, passed in the wake of Klan activity (the second and third Enforcement Acts, which shortly followed this one, were also known as the Ku Klux Klan Acts), contains the so-called enacting legislation related to Section 3 of the Fourteenth Amendment.  Refer to Sections 14 and 15 of this Act for those portions related to Section 3 disqualifications.

THIS WEEK, CLE CREDIT WILL BE AVAILABLE AFTER MONDAY, FEBRUARY 12.  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.

Once more we make our amicus brief available, with its arguments on, among other matters, self-execution, U.S. Grant, and the “fifty state solution.”

The “Thornton” case, as the Chief Justice suggested it be referred to, which was the subject of much use and perhaps misuse during the oral argument.  Justice John Paul Stevens writes the opinion.

The blog post by Professor Amar’s research team, Yale Law Students: Arshan Barzani, Samarth Desai, Jacob Hutt, and Jordan Kei-Rahn.  They respond to Professor Kurt Lash’s claims with a flurry of evidence and argument.

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.  See notes below on this.

The New York Times essentially gives Professor Amar the last word before oral argument by making this the lead opinion piece on Wednesday, February 7th – the day before the Supreme Court hears the case.  Note the shout-out to Amarica’s Constitution in the byline at the end.

The amicus curiae brief in Trump v. Anderson et al.

The brilliant brief from Professor Kermit Roosevelt on a number of topics related to this case, in particular questions of “self-execution.”

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.  See notes below on this.

The amicus curiae brief in Trump v. Anderson et al.

Courtesy of Harvard Law School, you can view the video of the Rappaport Forum: Trump v. Anderson: Does the 14th Amendment Disqualify Trump from Public Office?  Professor Amar debates former US Attorney General Michael Mukasey, from January 25, 2024.

Brief Of Former Attorneys General Edwin Meese III, Michael B. Mukasey, and William P. Barr; Law Professors Steven Calabresi and Gary Lawson; and Citizens United as Amici Curiae – Supporting Petitioner.  See page 22 for the passage discussed in the podcast.

The page from the Congressional Globe cited in Mukasey’s brief, wherein Thaddeus Stevens is quoted discussing part of the 14th Amendment.  Professor Amar draws attention to these passages in his discussion in this podcast.

This page of the Congressional Globe shows the status of the Fourteenth Amendment draft at the time that Representative Stevens makes his statements on 2544.

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.  See notes below on this.

The amicus curiae brief in Trump v. Anderson et al.

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.  See notes below on this.