Season 2, Episode 50 (Show 102): Out-ranked – Live Podcast with Yale Law School’s FedSoc Chapter
December 7, 2022
In this special live broadcast from Yale Law School, our guests are YLS’ FedSoc members – on the day that Yale withdraws from the US News rankings of law schools.
Amarica’s Constitution is invited to Yale Law School by the YLS chapter of the Federalist Society for a live podcast, and Yale cooperates by choosing this day to withdraw from the US News rankings of Law Schools. Naturally, we take that on, and it is the law students themselves that serve as our guests for a lively discussion. Beyond this issue, however, we take a look inside this iconic Law School, and we see what it’s like for the FedSoc members – perhaps outside of YLS’ ideological mainstream, but as you will hear, an impressive and thoughtful lot. Many of you will emerge from this listen with a sense that a valuable discourse can be had with them – and we can all agree that our nation needs more of that. Or so one would think – but does Yale Law School concur? And Note – this week is the oral argument in the Moore v. Harper ISL case. We are attending the argument in person, and will have an analysis next week!
Show Notes:
Season 2, Episode 49 (Show 101): Ban the Box?
November 30, 2022
We resume our discussion of the two recent affirmative action cases, with more clips from the oral arguments and more of our analysis.
It’s Part 2 of our discussion of the Supreme Court’s affirmative action cases, with Harvard and the University of North Carolina defending their procedures We play clips from the oral arguments, with every justice chiming in along with the advocates, and our analysis follows. This time we address themes that recurred during the arguments – how does one determine an endpoint for racial preferences in admissions? How can we measure or pinpoint the educational value of diversity? What is the appropriate level of diversity – is it necessarily identical to the proportional representation in the population? And importantly, what might take the place of the “checkbox” that currently appears on most college applications, designating one’s race? Professor Amar’s 1996 article, co-authored with Neal Katyal, somewhat prophetically touched on these and other themes, and it is referenced frequently in these discussions.
Show Notes:
Season 2, Episode 48 (Show 100):100 Podcasts for Us, 40 Years for FedSoc – Special Guest Steven Calabresi
November 23, 2022
In our 100th episode, Steve Calabresi returns for his perspective on the brief in Moore v. Harper, and reports from his ringside seat at the debate between Akhil and John Yoo on this case.
It’s Amarica’s Constitution’s 100th episode, and anniversary celebrations are in the air! We bring back Professor Steve Calabresi, who returns from the Federalist Society’s Lawyers Convention – which just celebrated its own 40th anniversary. The occasion was marked by a memorable Rosenkranz Debate, wherein Akhil took on Professor John Yoo on – what else? – the merits and demerits of ISL theory, and the forthcoming case of Moore v. Harper. Steve Calabresi was present at the debate, and he offers his color commentary . Of course, Steve was one of the three authors of the amicus brief that has received so much attention, together with our two Amar brothers, and we hear his perspective and his unique contributions. On top of it all, we celebrate our milestone by launching video, through our new Instagram account, amaricas_constitution, and soon, a TikTok account as well, with highlight clips, photos, and more.
Show Notes:
Season 2, Episode 47 (Show 99): Double Negative Action
November 16, 2022
The Supreme Court heard oral arguments in two affirmative action cases. We dissect the arguments, airing actual clips from the arguments and offering our commentary.
Affirmative action is before the Supreme Court, and two cases – one involving Harvard, and one implicating the University of North Carolina – were recently argued before the Court. We have pulled out clips from the more than six hours of argument, culled the main lines of reasoning from both sides, and we present them to you. Listen to the voices of the justices and the advocates, and hear Akhil’s commentary and analysis. This is the first of a planned two-podcast series.
Show Notes:
Season 2, Episode 46 (Show 98): The Federalist Society, in Brief – Special Guest Steven G. Calabresi
November 9, 2022
The co-founder and national chair of the Federalist Society, as well as a key co-author of our recent brief, Steve Calabresi, joins Amarica’s Constitution for a free-wheeling conversation.
The recent brief in the ISL case, Moore v. Harper, was notable in part because it was co-authored not only by our own Professor Amar and his brother, Dean Vik Amar, both well-known Democrats, but also by one of America’s best-known conservatives, Professor Steven Calabresi. Steve is a co-founder and national chair of the Federalist Society, and importantly, this is not the first time he has crossed the aisle in matters of national import. He joins our podcast and engages with his close friend, Akhil Amar, on a conversation that spans decades and gives insight in the founding, development, and present of this iconic conservative organization. Characters from Ed Meese to Guido Calabresi take the stage. You may be surprised as you learn the inside story from a consummate insider and scholar.
Show Notes:
Season 2, Episode 45 (Show 97): The News in Brief
November 2, 2022
We continue our dissection of the amicus brief in the ISL case – Moore v. Harper – and discuss outside reaction.
It’s a week since the amicus curiae brief in the case of Moore v. Harper – the ISL case – was filed by Professor Amar, Dean Vik Amar, and Professor Steven Calabresi, and the reaction has been pouring in. What arguments have been made to attempt to refute the brief? The answer may surprise you. Meanwhile, we take you through the remainder of the brief, explaining and expounding, providing backstory, and challenging you to reason along with us. We suggest that you print out the brief to make it easier to follow along. It’s a unique opportunity to delve into what may be the most important Supreme Court case of this decade, in advance of the December 7 oral arguments.