Season 3, Episode 40 (Show 144): Have Kavanaugh, Will Travel
September 27, 2023
The Court prepares to sit for the new term, and the Dobbs decision continues to reverberate. We look at the aftermath and where the law, the Court, and the country are headed in its wake.
It’s almost October, and the Supreme Court readies to hear a new set of cases. The Roberts Court seems defined above all by the Dobbs decision at this point. The opinion, authored by Justice Alito, has been exhaustively dissected, but looking forward, we see various states taking further and more extreme actions. What role will the so-called swing justices, some of whom wrote concurrences in the case, play in the litigation that the new developments will likely spawn? What of the dire predictions of many pundits in the aftermath of the case? And what about Amarica’s Constitution – what did we say, and what say we now? Travel the road with us.
Show Notes:
Season 3, Episode 39 (Show 143): Justice Jackson’s Santa Clause
September 20, 2023
Judicial Ethics, the 303 case, art history, and we start to pull the curtain on a big announcement, all this week on a potpourri that somehow finds it all interrelated.
It’s an assortment of topics as listeners response to some recent developments and nagging questions. We revisit the 303 case, specifically the dissent, as Justice Jackson lays out an interesting hypothetical that doesn’t produce, perhaps, the intended response – at least from Professor Amar. Meanwhile, Justice Alito is back in the news with his judicial Declaration of Independence – Akhil may not quite agree. We also have an exciting prelude to a big announcement about our podcast!
Show Notes:
Season 3, Episode 38 (Show 142): An Officer and a President
September 13, 2023
Does Section 3 apply to not only Trump, but to any President? What is going on in Wisconsin, where a duly elected Justice may be strangely impeached without sitting for a case? And Justice Alito is back in the news.
CLE credit is available by visiting podcast.njsba.com after listening.
Two recent major podcast themes – section 3 of the fourteenth amendment, and judicial ethics – echoed through the news this past week. Wisconsin legislators seek to impeach a new state Supreme Court Justice before she even sits for a case; and in Washington, Justice Alito is asked to recuse himself because of an interview he gave. Meanwhile, Section 3 is addressed by a former US Attorney General, who says it is inapplicable to the President for reasons that may seem counterintuitive, even strange. We analyze the claims as well as what lies behind them in our constitutional system.
CLE credit is available by visiting podcast.njsba.com after listening.
Show Notes:
Season 3, Episode 37 (Show 141): The Two Experts, Part Two – Special Guests William Baude and Michael Stokes Paulsen
September 6, 2023
The nation is buzzing as the implications of the landmark article on Section Three are surfacing; we exclusively have the opportunity to explore these paths with the article’s authors.
CLE credit is available by visiting podcast.njsba.com after listening.
We continue our exclusive discussion with the Professors Baude and Paulsen, authors of the bombshell article declaring Trump ineligible for the Presidency. This time we explore some concerns that have been voiced in the media and elsewhere; we look at how this provision might make itself effective in practice. We trace the possible routes such an effort might take; where would it be initiated – and importantly, who would be the final authority? Along the way we enter the Fed Courts classroom and look at – what else – the Constitution’s voice on these matters, in the 14th amendment, and elsewhere.
Show Notes:
Season 3, Episode 36 (Show 140): The Two Experts on Section Three – Special Guests William Baude and Michael Stokes Paulsen
August 30, 2023
The authors of a blockbuster article appear for the first time since its release to discuss, explore, and defend their conclusion that Donald Trump is at this moment and in the future disqualified from holding office, including the Presidency.
Note: CLE available by going to podcast.njsba.com after listening to this episode.
In a special episode, the two distinguished authors of a recent major article, which dives deep into Section 3 of the Fourteenth Amendment and finds that Donal Trump is disqualified from the Presidency, join us for a thoughtful and rigorous examination of the tough questions about their conclusions. These are leading conservative scholars who have gone where their methodologies, and the law, has taken them. Reaction has been swift and impassioned around the country, and in this episode they respond for the first time to some of the critiques, explore the implications of their work, and in doing so, they bring an integrity to our civic conversation. This is an important discussion important issues, by real experts.
Show Notes:
Season 3, Episode 35 (Show 139): Georgia On Our Minds – Special Guest Ruth Marcus
August 23, 2023
The Washington Post op-ed columnist and editor, Ruth Marcus, has written on the complexities of Federal and State prosecutions of Trump; she takes us deeper on this, and wider on a range of issues.
Everyone needs a translator, and for decades there have been few better than Washington Post columnist, reporter, and editor Ruth Marcus. She has made understandable the intricacies of many a Supreme Court matter, not to mention the vicissitudes of other Washington institutions. Now, with Federal and State cases against former president Trump pending, the complexities are impressive, but we take you through them with Ruth’s help. There are also stories galore, with angles political, constitutional, and gleeful.