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.
Show Notes:
Season 2, Episode 44 (Show 96): The Brief in Brief
October 26, 2022
The big news is that Professor Amar and colleagues have filed an amicus brief in the Supreme Court case of Moore v. Harper. We discuss its genesis, and its contents.
Professor Amar and colleagues have weighed in (heavily) on the ISL danger, as they filed a brief with the Supreme Court in the case of Moore v. Harper. The brief is garnering wide attention with its powerful argument, as well as an innovative format. We review the background to the case and the brief, and then take you through the argument point by point. Law and history come together to make the case in this most consequential matter. Judging from the response, the country is watching.
Show Notes:
Season 2, Episode 43 (Show 95): Sweet Hugo in Alabama – A Special Live Podcast
October 19, 2022
Andy and Akhil are in Alabama for a live podcast at the festivities surrounding the dedication of the Hugo Black Memorial and Park. We take a look at the great liberal originalist’s legacy and find him more important than ever.
Amarica’s Constitution is “On the Road” in Alabama for the dedication of the Hugo Black Memorial and Park. Akhil is the keynote speaker and we record this live podcast at the Symposium that preceded Dedication Day. For the occasion, we look at the great originalist and see that his moment is now – not only in Alabama, but at the Supreme Court, where case after case tracks his issues, his reasoning, and his method. Indeed, Black’s greatest cases, including Adamson, Everson, Engel, and Gideon, find continuing relevance today. Thus informed, we take a look at the coming term’s big cases through the Hugo Black originalist lens. The audience chimes in with questions; a great time was had by all.
Show Notes:
The Hugo Black Memorial, with some friends
Season 2, Episode 42 (Show 94): Zelig On the Court – Special Guest Brad Snyder
October 12, 2022
Brad Snyder, biographer of Justice Felix Frankfurter, is back with us for a discussion of Frankfurter’s years on the Supreme Court and a look at how his method of judicial restraint stacks up against Originalism, through the lens of the landmark cases of his era.
Our judicial Zelig, Felix Frankfurter, continues to grab our spotlight as his biographer, Brad Snyder, joins us again – this time, as a sitting Justice. The many landmark cases that came Frankfurter’s way on the Supreme Court allow us to contrast his method of jurisprudence – be it “Thayerism,” “judicial restraint,” or something else – with originalism. This means that Hugo Black, Frankfurter’s colleague on the Court (it’s complicated), takes the stage as well, as we look at case after case and see how these different approaches, and their wielders, fare.