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.

Election law expert Professor Richard Pildes is interviewed in The New Yorker, in an article we consider carefully for the many questions/arguments it lays out.  A good portrayal of the landscape.

Ruth Marcus’ op-ed in the Washington Post analyzes the Colorado case, especially some of the arguments in the dissents.

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 appellate opinion of the Colorado Supreme Court in Anderson v. Griswold, 2023 CO 63, (the Section Three case), with the dissents.

‘No easy exit ramp’ for SCOTUS on Trump, Harvard scholar says— Harvard Gazette.  Laurence Tribe analyzes Section Three’s prospects before the Supreme Court.

This piece is included if you wish to read ahead for next week’s (hopefully) podcast, which is planned to review Rick Pildes’ interview in The New Yorker on the issues that will come before the Supreme Court on the appeal from Colorado’s Supreme Court ruling.

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.

Professor Amar writes on the jury in this article based upon his 1995 Edward L. Barrett Lecture at UC Davis.

The text of the 7th Amendment to the Constitution.

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.

From SSRN, the article by Professors Baude and Paulsen.  This will be published in the University of Pennsylvania Law Review in 2024, but it has been available, widely read, widely discussed, and now revisited in our podcast discussions.

The order and decision rendered by Judge Wallace, which is now on appeal to the Colorado Supreme Court, in Anderson et al v. Griswold and Intervenors (including Trump).

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.

Justice O’Connor’s most impactful opinion, with deep implications for Federalism that, we believe, were the result of a years-in-the-making back and forth with Professor Amar’s ideas and Justice O’Connor’s writings, in majority opinion, dissent, and concurrence.

Once again we post Professor Amar’s first article as a law professor, so central to the scholarly dialogue Justice O’Connor engages in with Akhil’s ideas.

Professor Amar’s 1992 article which now publishes the section from Of Sovereignty and Federalism that had been pulled out originally due to the article’s length, but which contains some of the key ideas in his dialogue with Justice O’Connor.

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.

Section 3 of the 14th Amendment is of particular interest this week, but as our experts point out, it does not sit in lonely isolation but rather as part of a unity of not only this Amendment, but of the Reconstruction Amendments as a whole.

A file combining all the posts on Balkinization from August 15 to November 28, 2023 by Professors Magliocca and Graber on the 14th Amendment Section 3 matter. Read them here, all in one place.

Read more about Professor Magliocca’s definitive work on the Reconstruction Giant, John Bingham.