Season 3, Episode 29 (Show 133): The Rights of Bigots
July 12, 2023
When a website designer claims the right to turn away a gay couple who requests a wedding website, Colorado takes umbrage, the Supreme Court weights in, and we analyze.
A Colorado website designer refuses to create sites for gay couples’ weddings, going afoul of Colorado’s public accommodations law. Can she be compelled to author such a site? The Court has ruled, and we have the analysis. Along the way, we find ourselves discussing the intricacies of stipulations, and getting into the fine points of how one gets to federal court, even as we consider more mainstream questions as speech vs. conduct, the limits of rights, and some interesting hypotheticals. Professor Amar, as usual, has his own take on such things.
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Season 3, Episode 28 (Show 132): No Moore ISL
July 4, 2023
The opinion and the decision are in on Moore v. Harper, and the fate of ISL has been determined. We provide an in-depth analysis of the opinion, the case, and the impact.
The Supreme Court has ruled in the Independent State Legislature case, Moore v. Harper. As we have from the beginning, we look at the case from the point of view of the precedents, of the history, the constitutional issues and implications, and the inner dynamics of the Court and beyond. As an author in a key amicus brief, Professor Amar is on the inside, and now so are you, as we take the opinion apart and explain the sometimes confusing matter of why the case was not rendered moot by later developments – and we look at the strange split among the various advocates on this question. We compare Chief Justice Roberts’ reasoning with our own from our brief, and look at the importance of a concurrence. At the end of the day, and of this podcast, you will come away with a thorough understanding of what could have been a disaster for the country but instead is a fine hour for the Court.
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Season 3, Episode 27 (Show 131): Four Clauses, Two Juries
June 28, 2023
As Moore v. Harper is released, and we digest it in preparation for a forthcoming podcast, last week’s Samia v. US opinion is explained and placed in perspective.
It’s Supreme Court opinion season, and just before this week’s upload came the happy news of the Moore v. Harper decision. We’ll be back with details on that soon enough, of course. Prior to that, however, the Court issued some fascinating decisions last week, including in the case of Samia v. United States. This confrontation clause/Sixth Amendment case happens to hit one of Professor Amar’s many sweet spots; he has written on the subject in numerous forums over years and is a true expert. You will have a complex set of facts made legible, and a confusing set of key constitutional principles sculpted into an elegant formulation.
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Season 3, Episode 26 (Show 130): Whose Welfare?
June 21, 2023
The Indian Child Welfare Act came before the Supreme Court, and all sorts of surprising issues, strange coalitions, and perhaps unsatisfying results were declared. Learn more from Professor Amar, twice-cited in this case.
The Supreme Court upheld various provisions of the controversial Indian Child Welfare Act last week. The facts of Haaland v. Brackeen, and some provisions of the Act, raise dramatic questions about questions of best interests of children, of the nature of tribal entities, and of who speaks for whom. The opinion itself largely sidesteps many of these questions and instead dives into areas which Professor Amar has long offered his expertise – going back nearly 20 years or more. No wonder, then, that he is cited twice in this case, and now our listeners have the chance to learn from the acknowledged expert on these matters.
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Season 3, Episode 25 (Show 129): The Judgment of History
June 14, 2023
The ex-President’s disgrace continues, bringing many questions to the fore, including venue, judge recusal, and more. We take them on.
All eyes are on Miami, where Donald Trump faces justice. But should it be Miami? Should it be this judge, who has such a checkered history in this case? What does the Constitution say about these and other issues this case brings forth? What about precedents? It’s just the beginning, but we are ready to take on these and other issues.
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Season 3, Episode 24 (Show 128): I Am Calabresi
June 7, 2023
Scholar; Judge; Yale Law School”s greatest Dean; and mentor to Akhil Amar. Guido Calabresi received an honorary degree from Yale recently – we take stock of a remarkable life.
In this season of college commencements, our eyes were caught by an honorary degree given to Yale Professor, Federal Judge, and scholar Guido Calabresi. This episode will review his many contributions to America’s constitutional landscape, and to Professor Amar in particular. Prepare for a Paper Chase-like journey through the world of Guido Calabresi as seen through the eyes of Akhil Amar.