Season 3, Episode 1 (Show 105): Strictly Scrutinizing Moore – Special Guest Kate Shaw
December 28, 2022
Professor Kate Shaw of Cardozo School of Law, and a fellow podcaster (“Strict Scrutiny”), joins us for a wide-ranging discussion of the Court – and offers her perspective on the Moore case.
The third season of Amarica’s Constitution begins with a special guest, as the star of the podcast “Strict Scrutiny,” Professor Kate Shaw, spends an hour with us. Like Andy and Akhil, she attended the oral arguments in Moore v. Harper – as she had attended many arguments when she clerked for Justice John Paul Stevens. Her insights on clerking for the Court are particularly timely, since Justice Stevens wrote the dissent in Bush v. Gore, which listeners know has been enjoying a lamentable rehabilitation, it seems, as the Moore case is argued and the infamous case keeps popping up. Professor Shaw also scoops her own podcast with a fascinating insight that links the January 6 commissions actions this past week with the Moore case, and you are there to hear it!
Show Notes:
Season 2, Episode 52 (Show 104): More on Moore – The Oral Argument, Continued
December 21, 2022
We continue our analysis of the oral argument in the ISL case, Moore v. Harper, and address what we consider the heart of the case.
The oral argument in Moore v. Harper lasted approximately three hours. In our last podcast, we began an analysis by tracing some of the advocates’ arguments and justices’ responses. This time, we go to the key questions that lay at the basis of all the back and forth. We answer them, but more than that, we look at their underpinnings and construct a framework in which, we believe, all elements of the case fit together. For your trouble, audience, you will receive a master class in the law of “Fed Courts,” you will hear excerpts from a debate with Professor Amar, and even hear from the dictator of San Marcos.
Show Notes:
Season 2, Episode 51 (Show 103): Mr. Amar Goes to Washington – the Moore v. Harper Oral Argument
December 14, 2022
ISL comes to the Supreme Court at last. Akhil and Andy are present at the arguments; they report on all aspects of the case, with clips, legal analysis, and eyewitness accounts.
After a year of lead-up, Moore vs. Harper has landed at the Supreme Court for oral argument. Akhil and Andy travel to Washington and attend the three hours of argument in the Chamber. We play clips and analyze them – the words, the logic, the briefs, the lawyers, the justices, the clerks, the legal world, as America holds its collective breath while democracy itself hangs in the balance. This is the place for the most nuanced and informed analysis of the positions. This site is your “one stop shopping” whether you are a concerned citizen, a member of the media, or even a Supreme Court clerk or justice.
Show Notes:
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.