Season 2, Episode 20 (Show 72): After Dobbs
May 18, 2022
As our analysis of the Dobbs leaked would-be decision gathers national attention, we look at its impact on recent precedents, on its framework for future decisions, and how it might not – even if a long shot – happen at all.
Our recent podcasts, and their discussions of the constitutional landscape that will follow the release of the leaked possible Dobbs opinion have been heard, amplified, distorted, echoed, and – of course – tweeted in forms true and unrecognizable. We were the impetus for a lead op-ed in the Wall Street Journal, the subject of various blogs, and the target of innumerable media posts. Nevertheless, we carry on, looking at key precedents and their future, analyzing Justice Alito’s framework for evaluating unenumerated rights, and beginning to think about how, conceivably, Justice Alito may not have the last word in this case.
Show Notes:
Season 2, Episode 19 (Show 71): The Memes of Dobbs’ Leak
May 11, 2022
The public, and therefore the media, are consumed with the implications of the draft opinion in Dobbs. We put some of the panic into perspective.
As the Dobbs/Supreme Court leak, and its would-be draft opinion, percolate through the public and the media, certain alarms are sounded again and again. Are these worries realistic? What does the opinion say; what are the constitutional arguments and questions; where are the justices on these questions? We look at some of the more prominent pundits saying the more meme-like (and frightening) things, and put them to the test.
Show Notes:
Season 2, Episode 18 (Show 70): Woe is Roe
May 4, 2022
A draft has leaked of a possible majority opinion in the Dobbs abortion case. We analyze.
CLE credit is available after listening by visiting podcast.njsba.com.
The bombshell news this week was the leak of a purported majority opinion of the Court in the Dobbs case – the Mississippi abortion 15 week law. Needless to say, the media were breathless in short order, and apocalyptic articles began to appear everywhere. For our part, we read the draft opinion and have a dissection and analysis of it start to finish for you. We also discuss some previous Supreme Court leaks, and ask what arguments Justice Alito may have missed, which may be a preview of dissents to come.
Show Notes:
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Season 2, Episode 17 (Show 69): Citizenship and Citations
April 27, 2022
Professor Amar is cited by the Supreme Court in a decision this week. Is it a big deal? It could be, as we discuss.
Professor Amar, it is frequently said (by him), has been cited by the Supreme Court more than anyone else in his generation. This week, he is once again cited. We discuss the case, the citation, the underlying theory, and citation in general. Along the way we find ourselves in company with the Great Dissenter, with his namesake John Marshall, and many more. This small citation in a concurrence takes us to a legal theory that has enormous implications.
Show Notes:
Season 2, Episode 16 (Show 68): Is Jackson Commissioned?
April 19, 2022
There’s a confirmation conundrum flowing from Justice Breyer’s problematic resignation letter. It hasn’t reached the mainstream press, but we are on top of it, with an in-depth look at the possible problems and pitfalls. We also wrap up the Senatorial sound bites.
Justice Breyer’s unusually worded “resignation letter” raises a host of constitutional questions that perhaps he did not intend. Who is asking them? We are. A cascade of confusion – from resignation to confirmation to reconsideration to commission to oath. The Biden Administration says we should ask William Rehnquist about it, because he told us the answer. Except he didn’t. Listen to it all, and while we’re at it, we also wind up our clips from the hearings with contrasting Senators (understatement) – and Dean Vik Amar drops in to help with it all. A jam-packed episode this week!
Show Notes:
Season 2, Episode 15 (Show 67): Rights and “Justice”
April 12, 2022
As Judge Jackson is confirmed, Akhil, our guest Vik Amar, and Andy discuss how the questioning could have resulted in a deep discussion of rights. It didn’t, so we give it to you instead.
Judge Jackson – or is it Justice Jackson (we discuss) – is confirmed, but we aren’t done discussing it yet. Distilling the non-nonsensical questioning down, it really was an attempt to probe into the question of rights; who decides, and how, what rights Americans have? We listen to the colloquy and use it as a jumping-off point for a wide-ranging discussion of fundamental, enumerated, and unenumerated rights – among other things.