Season 2, Episode 26 (Show 78): The Real Steal, Part Three – Special Guest Vikram D. Amar

June 29, 2022

We conclude our 3-part series on ISL theory with a look at the Court’s precedents, with Dean Vik Amar.  NOTE: A special bonus episode will follow on the end-of-term big cases, later this week.

In the concluding episode of this series on the bogus ISL theory, we review the relevant cases and precedents. As is our wont, we include the “best” cases for the “other” side, and review all the arguments.  Dean Vik Amar joins us once again.  Note:  we have not ignored the elephants that have emerged from the courthouse in the past week, and a special Extra Episode of Amarica’s Constitution will follow later this week in addition to this regular episode.

Season 2, Episode 25 (Show 77): The Real Steal, Part Two – Special Guest Vikram D. Amar

June 22, 2022

Having identified the threat of the so-called “Independent State Legislature” theory in Part 1 of this series, Akhil is joined by his brother and co-author, Dean Vikram Amar, as they explain step by step why ISL theory is legal hogwash. In this episode, history, law, and practice come together to begin this work.

This episode presents Part 2 of our series on the grave threat that “Independent State Legislature” theory presents to the Republic, and why it is completely, irrefutably wrong.  We welcome Dean Vikram Amar, who co-authored with Akhil their current article, about to be published in Supreme Court Review, which is already widely cited in the media and in forthcoming articles by other scholars.  This article attempts to put to rest ISL theory by showing how it is wrong from every conceivable angle of analysis.  We take up that analysis, beginning with the text, history, and structure of the Constitution, and then through an ingenious analysis of actual practice.  We have been saying that this issue is coming, and by all accounts, it’s here. 

Season 2, Episode 24 (Show 76): The Real Steal – Part One

June 15, 2022

Professor Amar, and his brother, Dean Vikram Amar, have identified a grave threat to the Republic that lies within the chamber of horrors that were the election conspiracy theories of 2020, and the abortive attempts to undermine the orderly transition of power – culminating in the terror of January 6.  Today we begin a 3-part dive into a threat that still looms, and looms large indeed.

As the January 6th committee’s hearings continue, the nation is treated to recounting of wild, false claims of election fraud, and outrageous schemes which countenanced blocking or surmounting the duly conducted vote in the electoral college.  What was behind those schemes?  A so-called theory of “Independent State Legislatures.”  What’s that?  How would it further the undermining of the electoral process?  Is it still a threat?  And where did it come from?  Here’s one hint that should tell you something about its DNA:  it is in large part the residue from the notorious, noxious, nullity that was Bush v. Gore.  Professor Amar, and his brother, Dean Vikram Amar, have teamed up to head off this danger to the Republic, through a new article which is already widely acclaimed and cited.  Today Akhil and Andy (joined by Vik in subsequent episodes) begin a three-part series that will explain the threat, review the background, and then take it on squarely and decisively. 

Season 2, Episode 23 (Show 75): Guns, Legislation, Uvalde, and Bruen – special guest Adam Winkler

June 8, 2022

America’s eyes are still upon Texas – Uvalde, Texas, following the recent tragedy.  Professor Adam Winkler, a true expert in gun legislation and discourse, joins us to clarify what is happening and what might happen as the nation holds its collective breath waiting for action.

As the nation continues to reel after the massacre at Uvalde, we are joined by Professor Adam Winkler, the leading expert on gun policy and gun laws, who takes us through the range of the possible when it comes to gun legislation.  What might Congress do, what are the limitations, political and constitutional, and what is the significance of the upcoming Supreme Court decision in Bruen?  Professor Winkler also offers a primer of sorts on the terminology and landscape of this highly contentious, highly fraught area of law and policy and a crucial time.

Season 2, Episode 22 (Show 74): After Uvalde – What?

June 1, 2022

The horrific massacre in Uvalde, Texas has directed the nation’s eyes to the Constitution and its role in gun rights. The Court, and Congress, are looked to warily. We review the constitutional landscape for our listeners, and prepare them for a forthcoming Supreme Court decision.

The nightmare of gun violence haunts America today. What can be done? So many Americans are aghast at assertions of gun rights in the face of absolute evil. It seems incomprehensible.  Our job it to render this domain legible, navigable, and at least potentially solvable. We begin in this episode with a review of the Constitutional landscape of rights in general, gun rights in particular, and we put an imminent Supreme Court decision on carrying arms in perspective. We also preview our next episode, which will feature an important guest who will do much the same clarification of the legislative world we will soon enter.

Season 2, Episode 21 (Show 73): Is There a Dobbs Deal?

May 25, 2022

The leaked Dobbs draft opinion was authored by Justice Alito.  Is that the end of the story?  We explore a framework, and a coalition, that could conceivably form the basis of a very different opinion.

CLE credit is available by visiting podcast.njsba.com after listening.

We’ve spent the last few episodes examining the leaked draft opinion in Dobbs.  But this isn’t yet the opinion of the Court.  We look at past “stolen” decisions, and discuss how and why it could happen again that the Court seemed to be going one way and wound up heading in a surprising direction.  Which Justices might form a different five?  What could bring them together?  Could it make a difference to women, and to the nation?  What can each “side” offer the other?  Listen to this creative and most important legal and political discussion. 

(LAWYERS AND JUDGES ARE ELIGIBLE FOR CONTINUING LEGAL EDUCATION CREDIT by visitingpodcast.njsba.com after listening.)