Season 3, Episode 19 (Show 123): More or Less Moore
May 3, 2023
Moore v. Harper is again up in the air as the North Carolina Supreme Court has ruled. What might this mean, and how do we think about approaching the issues this raises?
The North Carolina courts are having fun with Moore v. Harper, reversing their prior rulings as their new (Republican) judges took the bench. We’ve previously considered what the Supreme Court might do with the NC Court reconsidering things – what about now that this decision has come down? Would this be “judicial restraint,” and what exactly is that frequently heard meme all about, anyway? We also take note of important dates on the academic calendar and that leads to all sorts of insights on college admissions, the meritocracy, and somehow that takes us back to the Supreme Court again.
Show Notes:
Season 3, Episode 18 (Show 122): Standing Rules
April 26, 2023
The Mifepristone case reached the Supreme Court – sort of. It will be back, and many say that the issue of standing will prove decisive. So, what about standing? Surprise – Akhil has a theory.
The Supreme Court issued a stay in the Mifepristone case, so everyone goes back to their corner – for now, anyway. They’ll be back. And when they are, the issue of standing may well be front and center. We grab this opportunity to give you a primer on standing, starting with the Constitution, tracking the Court’s recent strange path on this issue – and then we hear the Amar approach. Our listeners should be in a position to see the Mifepristone case clearly, as well as have a firm basis to keep from falling down on standing.
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Season 3, Episode 17 (Show 121): Judges and Adverse Events
April 19, 2023
In the last week, a Texas judge said no, America; the Fifth Circuit said maybe yes, maybe no; the Supreme Court said yes, but we’ll get back to you. What’s going on with judges? We look at some of this, and some of that.
The Judiciary continues to occupy the headlines, from the judge in Trump’s trial to judges and justices at the district and circuit level who somehow impact the lives of the whole nation. And Justice Thomas keeps knocking at the ethics door. We take it a step at a time, trying to be thorough. Everyone, it seems, wants to be more than they seem. So this time we look in some depth at judges being doctors, plaintiffs choosing judges, and regional judges offering national injunctions, while touching on some of these other areas as well.
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Season 3, Episode 16 (Show 120): Doubting Thomas, and doubting the doubters
April 12, 2023
Here come the judges, and the justice. Controversies left and right, from Wisconsin to Texas to Washington DC. We sort it out.
Judges are in the news – all over it, in fact. Donald Trump, arrested and charged, attacks the judge in his case, and the judge is under a microscope. Deserved? Meanwhile, a judge is elected in Wisconsin. Many say this is the result of actions other judges took in Washington last year, and judges in Wisconsin react – and find themselves under scrutiny, too. Most prominently of all, a Supreme Court Justice’s lifestyle collides with disclosure requirements, drawing fire. How can citizens view these controversies in a reasonably objective light, and what are the standards? We take a shot at it.
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Season 3, Episode 15 (Show 119): Discretion and Indictment
April 5, 2023
A former President of the United States has been arrested and arraigned; charged with felonies. How does one make the decision to pursue such a course? We review the many factors and survey the unique legal landscape.
The people of the State of New York have voted in Grand Jury to charge former President Trump with felony counts. He stands arrested and arraigned. If you were the District Attorney of New York City, and you had to make the decision whether to pursue this prosecution to this point, what factors should you have considered? What obligations do you have to the citizens of New York in this matter? What is your discretion? Do you agree with DA Bragg’s decision? Professor Amar will provide you with the background you need to approach these questions and make up your own mind.
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Season 3, Episode 14 (Show 118): Much to Bragg About?
March 29, 2023
As we await action or inaction from the Trump Hush Money Grand Jury, DA Bragg has received a subpoena from the House. We look at the issues while we wait for the facts to develop.
The Grand Jury continues its work in New York, as a possible indictment of an ex-president and declared candidate for president awaits his fate. Meanwhile, investigations and more grand jury proceedings continue in Georgia and Washington on other weighty matters. And the political establishment is worried, so the House Republicans have upped in with a subpoena of the New York City District Attorney, even as he conducts his grand jury investigation. We don’t want to jump the gun on the virtues and facts surrounding any actual indictment, so instead we look at the many constitutional matters implicated here: grand juries themselves, secrecy in general, congressional oversight and its limits, campaign finance, “hush money.” Lots to talk about.